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Patna High Court

Raju ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, directing release on bail with specified bond and sureties.

Summary

The petitioner, Raju Choudhary, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly engaging in illegal trade of illicit liquor, with two litres of liquor recovered from an open orchard. The petitioner contended that his name was mentioned solely based on a chowkidar's disclosure and that he had no physical possession of the liquor nor was present at the site. He sought anticipatory bail, arguing that the recovery was not linked to his conscious possession and that the case was based on mere suspicion. The Additional Public Prosecutor opposed the bail. The court observed that the recovery did not prima facie indicate possession by the petitioner and, therefore, directed that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the petitioner’s arrest is justified given the lack of evidence of physical possession of the illicit liquor.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • possession
  • bail bond

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.42200 of 2026
                     Arising Out of PS. Case No.-133 Year-2026 Thana- KARAHGAR District- Rohtas
                 ======================================================
                 Raju Choudhary S/O Gauri Choudhary Resident of - Rampur Naresh, P.S-
                 Kargahar,Dist-Rohtas

                                                                                  ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr.Dharmendra Kumar Singh, Advocate
                 For the Opposite Party :        Mr.Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-07-2026                 Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Kargahar P.S.

                   Case No.133 of 2026 registered under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                               3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 2 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that the name of petitioner arrayed solely on

                   the disclosure made by the local chowkidar. It is also
Patna High Court CR. MISC. No.42200 of 2026(2) dt.01-07-2026
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          submitted that recovery of illicit liquor was made from an

          orchard which an open place easily accessible by general

          public. It is further argued that petitioner is neither

          connected in any manner with the seized liquor nor the

          petitioner was present at the place of occurrence. Petitioner

          has been implicated in the present case only on the basis of

          suspicion. It is submitted that recovery of lillict liquor was

          not made from conscious possession of this petitioner.

          Explaining criminal antecedent, it is submitted that the

          petitioner found involved in seven more criminal cases of

          similar nature, where he is on bail.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       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 this

          petitioner, accordingly, the petitioner, above-named, in the

          event of his arrest or surrender in the court below within a

          period of four weeks from today, is directed to be released

          on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
            Patna High Court CR. MISC. No.42200 of 2026(2) dt.01-07-2026
                                                        3/3




                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court of Exclusive Special Judge

                      Excise Court No. 1st, Rohtas at Sasaram, in connection with

                      Kargahar P.S. Case No.133 of 2026, 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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