Patna High Court

Anil Chaudhary @ Anil ChaudhariversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that the lack of direct incriminating evidence and the petitioner’s prolonged custody warranted the grant of bail despite the alleged offence.

Summary

The petitioner, Anil Chaudhary, was arrested in connection with a case alleging possession of 75 litres of liquor recovered from a public place, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, no liquor was found in his personal possession, and there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the court considered the lack of direct incriminating evidence, the petitioner’s custody since 6 December 2025, and his criminal antecedents. Weighing these factors, the court decided to grant bail, imposing a bond of Rs 15,000 with two sureties and conditions regarding family surety and appearance in court. The order released the petitioner on bail subject to the stipulated conditions.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes bail.
Whether the absence of liquor in the accused’s personal possession justifies release on bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
Bharatiya Nagarika Suraksha Sanhita
Section 103
criminal procedure
liquor offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4080 of 2026
                    Arising Out of PS. Case No.-1255 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Anil Chaudhary @ Anil Chaudhari S/o- Late Kailash Chaudhary Village-
                 Bhadeja P S- Muffasil District- Gaya
                                                                        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vinod Kumar, Advocate
                 For the Opposite Party/s :      Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   27-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Muffasil

                   P.S. Case No. 1255 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 75 litres

                   of liquor has been recovered from plastic drum.

                               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

                   from an open place which is accessible to public at large. The

                   petitioner has got no concern with the alleged recovery of

                   liquor. The petitioner is in custody since 06.12.2025 and has five
           Patna High Court CR. MISC. No.4080 of 2026(2) dt.27-01-2026
                                                       2/2




                     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 Muffasil P.S. Case

                     No. 1255 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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