Patna High Court
Tilak ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding that the circumstances did not justify continued detention.
Summary
The petitioner, Tilak Chaudhary, applied for bail in a case (Manjhi P.S. Case No. 443 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, where 10 litres of liquor was recovered from an open area near his house. The petitioner argued that he was falsely implicated, no liquor was found in his possession, and the recovery was in a public place, also noting non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. Considering the lack of incriminating material in the petitioner's possession, the open‑place recovery, and the period of custody already endured, the Court decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of recovery and lack of incriminating article in possession
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with in the bail application
Legislation cited
Subjects
- bail
- prohibition act
- excise
- Section 30(a)
- Section 103
- criminal procedure
- Bihar
- open place recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4065 of 2026
Arising Out of PS. Case No.-443 Year-2025 Thana- MANJHI District- Saran
======================================================
Tilak Chaudhary S/o Late Ram Babu Chaudhary R/o Village- Fatehpur
Saraiya, P.S- Manjhi, Dist- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard Mr. Sanjay Kumar Jha, learned counsel for the
petitioner and Mrs. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in connection with Manjhi
P.S. Case No. 443 of 2025 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 10 litres
of liquor has been recovered from the bushes near the house of
the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
outside the house of the petitioner which is an open place and
Patna High Court CR. MISC. No.4065 of 2026(2) dt.27-01-2026
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the same is accessible to public at large. The petitioner has got
no concern with the alleged recovery of liquor. The petitioner is
in custody since 21.12.2025 and has two criminal antecedents.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Manjhi P.S. Case No.
443 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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