Patna High Court
Kundan Choudhary @ Laddu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioners, subject to bond and conditions, as the recovery was not made from their physical possession and they possessed a clean antecedent.
Summary
The petitioners, Kundan Choudhary and Ajay Kumar, were named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, with 16.35 litres recovered. They contended that the liquor was seized from a third‑party’s premises, they were not present at the site, and no independent witness corroborated the seizure, arguing that there was no conscious possession and they had clean antecedents. The Additional Public Prosecutor opposed anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioners’ physical possession. Considering their clean antecedent and lack of direct involvement, the court directed that they be released on anticipatory bail upon surrender, subject to a bail bond and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order also required compliance with the Special Excise Judge’s conditions.
Issues considered
- Whether anticipatory bail can be granted when the seized illicit liquor is not in the accused’s physical possession.
- Whether the FIR under Section 30(a) of the Bihar Prohibition and Excise Act justifies arrest in the absence of direct possession.
- Whether the petitioners’ clean antecedent and lack of independent seizure witnesses warrant bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illegal liquor
- Section 30(a)
- clean antecedent
- seizure
- possession
- CrPC Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42024 of 2026
Arising Out of PS. Case No.-963 Year-2021 Thana- DANAPUR District- Patna
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1. Kundan Choudhary @ Laddu Chaudhary S/o Om Prakash Chaudhary @ Om
Choudhari R/o Village - Takiyapar, 209 Banke Babu Lal Lane, Gavtal, P.S -
Danapur, Digha, Diara, District - Patna, State - Bihar, Pin - 800012
2. Ajay Kumar @ Jay Kumar S/o Om Prakash Chaudhary @ Om Choudhari
R/o Village - Takiyapar, 209 Banke Babu Lal Lane, Gavtal, P.S - Danapur,
Digha, Diara, District - Patna, State - Bihar, Pin - 800012
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Mickey Singh, Advocate
For the Opposite Party : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. Both accused/petitioners are named in the FIR
and apprehending their arrest in connection with Danapur
P.S. Case No.963 of 2021 registered under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Allegation against the petitioners is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 16.35 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioners that the name of these petitioners arrayed
Patna High Court CR. MISC. No.42024 of 2026(2) dt.01-07-2026
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solely on the basis of suspicion. It is also submitted that the
recovery of illicit liquor was made from outside the house of
one, namely, Uma Shankar. It is further submitted that
petitioners were neither present at the place of occurrence
nor the petitioners were connected in any manner with the
alleged illicit liquor. It is further submitted that recovery of
illicit liquor was not made from conscious possession of these
petitioners. It is argued that no independent witness was
associated with the search and seizure list and the seizure
witnesses were police personnel themselves. Petitioners
claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioners.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of these
petitioners, who are man of clean antecedent, accordingly,
both petitioners, above-named, in the event of their arrest or
surrender in the court below within a period of four weeks
from today, are directed to be released on bail on furnishing
Patna High Court CR. MISC. No.42024 of 2026(2) dt.01-07-2026
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bail bond of Rs.10,000/- (Rupees Ten Thousand) each with
two sureties of the like amount each to the satisfaction of
learned Court of Special Excise Judge, Danapur, in
connection with Danapur P.S. Case No.963 of 2021, subject
to the conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
U T
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