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Patna High Court

Chandan ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner.

Summary

The petitioner, Chandan Chaudhary, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 120.960 litres of liquor recovered from a public place. He contended that he was falsely implicated, no liquor was found in his personal possession, and the recovery was from an open area accessible to the public. The petitioner also highlighted that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and that he had been in custody since 30 July 2025 with a prior criminal antecedent. The State opposed the bail application, arguing the seriousness of the offence. Considering the lack of direct incriminating evidence, the period of custody already served, and the procedural lapse, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Bihar
  • criminal procedure
  • Section 103
  • Bharatiya Nagarika Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.443 of 2026
                      Arising Out of PS. Case No.-379 Year-2023 Thana- BARUN District- Aurangabad
                 ======================================================
                 Chandan Chaudhary Son of Raju Chaudhary R/p Village - Siris, P.S. - Barun,
                 District - Aurangabad.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Mukul Kumari, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Barun

                   P.S. Case No. 379 of 2023 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 120.960

                   litres of liquor has been recovered from carton.

                               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
           Patna High Court CR. MISC. No.443 of 2026(2) dt.19-01-2026
                                                       2/2




                     liquor. The petitioner is in custody since 30.07.2025 and has one

                     criminal antecedent. 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 Barun P.S. Case No.

                     379 of 2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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