Patna High Court
Bablu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application, directing release on bail with specified conditions.
Summary
The petitioner, Bablu Chaudhary, was arrested in connection with an Excise case for alleged possession of 9 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 27 April 2026 and claimed innocence, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed his bail application. The court, after considering the custody period, facts, and submissions, allowed the bail application. The petitioner was ordered to be released on bail upon furnishing a Rs. 10,000 bond with two sureties and to deposit Rs. 25,000 with Ramakrishna Math, producing a receipt, and to attend the police station every Sunday of each month. The court clarified that its observations were prima facie and would not affect the trial's merits.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42433 of 2026
Arising Out of PS. Case No.-434 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Bablu Chaudhary S/o Shri Umesh Chaudhary R/o Village - Andharbari, P.S -
Rajauli, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma
For the Opposite Party/s : Ms. Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Excise P.S. Case No. 434 of
2026, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 9 liters of illicit liquor
have been recovered from a foil kept covered with a cloth near
the hand pump of the accused. The petitioner is in custody since
27.04.2026.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
submitted that the petitioner undertakes to donate a sum of Rs.
Patna High Court CR. MISC. No.42433 of 2026(2) dt.29-06-2026
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25,000/- (Rupees Twenty-Five Thousand only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Excise P.S. Case
No. 434 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Math, Village Jharha (near
Matua Pahar), Halka Chilore, P.O. Gurua, Dist.
Gayaji, Bihar, and shall produce a valid receipt
thereof before the court below. The bail bonds shall
be accepted only after verification of the
genuineness of the said receipt.
(ii). The petitioner shall mark his
attendance at Rajauli Police Station on every
Sunday of each month. In the event of default, the
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bail bonds shall be liable to be cancelled.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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