Patna High Court
Pradeep Chaudhary @ Guddu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the regular bail application.
Summary
The petitioner, Pradeep Chaudhary, was arrested after police recovered two litres of country-made liquor from his residence, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He claimed innocence, asserted that he had been falsely implicated, and disclosed that he has four prior criminal cases and had been in custody since May 6, 2026. The petitioner applied for regular bail, offering to cooperate with the investigation and to attend the police station regularly. The State opposed the bail on the ground of his antecedents, but the court noted that the quantity involved was small and that such cases should not be automatically denied bail. Considering the modest quantity of liquor and the petitioner’s willingness to comply with conditions, the court allowed the bail application. The bail was granted on a bond of Rs.10,000 with two sureties and the condition of appearing at the police station on the first and third Sundays of each month.
Issues considered
- Whether regular bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for possession of a small quantity of illicit liquor despite prior criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- small quantity
- criminal antecedents
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40649 of 2026
Arising Out of PS. Case No.-74 Year-2026 Thana- TETERHAT District- Lakhisarai
======================================================
Pradeep Chaudhary @ Guddu Chaudhary S/O Ramanda Chaudhary @
Ramanand Chaudhari @ Ramnandan Chaudhary Resident of Village -
Tetarhat, Police Station- Tetarhat, District-Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyaya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in the present case
registered for the offences punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2018.
3. As per the prosecution case, the recovery is of 2
litres of country-made liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner has
four criminal antecedents and he is in custody since 06.05.2026.
The petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.40649 of 2026(2) dt.24-06-2026
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for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions
Judge-VII-cum-Exclusive Special Excise Court-II, Lakhisarai
/concerned Court below in connection with Tetarhat P.S. Case
No. 74 of 2026.
8. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Tetarhat Police Station, District- Lakhisarai on first and third
Sunday of the month. Any default in appearance at the Police
Station will result in cancellation of bail bonds of the petitioner.
9. This Court is finding that cases in which there is
recovery of small quantity, the Special Judge, Excise is rejecting
the bail application of accused persons from whom the recovery
is of small quantity, though they may have some criminal
antecedents, such type of cases should not come to the High
Court.
10. Let a copy of this order be communicated through
Patna High Court CR. MISC. No.40649 of 2026(2) dt.24-06-2026
3/3
Fax or e-mail to the Principal District Judge, Lakhisarai for its
compliance.
(Sandeep Kumar, J)
tusharika/-
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