Patna High Court
Sundaram Chaudhary @ Sundaram Kumar @ ForjiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to monetary bond, sureties and compliance conditions.
Summary
The petitioner, Sundaram Chaudhary, was arrested in connection with a case involving the alleged illegal possession of 540 litres of Nepali liquor recovered from a vehicle that had crashed during a police chase. He was charged under Section 317(5) of the Bihar Narcotic Substances (B.N.S.) Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was not apprehended at the scene, the vehicle did not belong to him, and no liquor was found in his conscious possession, arguing that his prior criminal record should not prejudice his bail application. The State opposed the bail, citing the seriousness of the offences. The court, noting the lack of direct possession, the fact that the petitioner was not caught at the spot, and the length of his pre‑bail custody, granted bail on a cash bond of Rs 10,000 with two sureties and imposed conditions including attendance in court and cancellation upon repeated non‑appearance. The order was made subject to Section 480(3) of the B.N.S. Act.
Issues considered
- Whether bail should be granted to the accused under Section 317(5) B.N.S. and Section 30(a) Bihar Prohibition and Excise Act given the circumstances of the arrest and recovery.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S. — s. 317(5), 480(3)
Subjects
- bail
- section 317(5) B.N.S.
- section 30(a) Bihar Prohibition and Excise Act
- possession
- illegal liquor
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42082 of 2026
Arising Out of PS. Case No.-180 Year-2026 Thana- SURSAND District- Sitamarhi
======================================================
Sundaram Chaudhary @ Sundaram Kumar @ Forji S/O Rajiv Chaudhary @
Rajiv Ranjan Chaudhary R/O village - Maidan ward no.- 17 @ Sursand Tole
Maidan ward no. - 17 @ Maidan, P.S. - Sursand, Dist. - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mrs.Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Sursand P.S. Case No. 180 of 2026 registered
for the alleged offences under Section 317(5) of BNS and
Section 30(a) of Bihar Prohibition and Excise Act.
03. As per prosecution case, police gave a chase from
the vehicle being driven by the petitioner in which co-accused
Ritik kumar was also sitting but the miscreants fled away and
from the vehicle which met with an accident, recovery of 540
litres of country made Nepali liquor was made.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.42082 of 2026(2) dt.01-07-2026
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petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the person
or conscious possession of the petitioner and the petitioner was
not apprehended from the spot. The car from which recovery
has been shown does not belong to the petitioner. The petitioner
has been made accused in this case due to his criminal
antecedent as he is having antecedent of nine cases but he is on
bail in all the cases. The petitioner is in custody since
17.04.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner was not apprehended from the spot and
no recovery has been shown from the conscious possession of
the petitioner and further considering the period of custody of
the petitioner, the petitioner above named is directed to 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 learned Exclusive Special Excise Court No.2,
Sitamarhi/concerned Court in connection with Sursand P.S.
Case No. 180 of 2026, subject to the conditions mentioned in
Patna High Court CR. MISC. No.42082 of 2026(2) dt.01-07-2026
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Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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