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Patna High Court

Dharmendra Chaudhary @ Buta ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Dharmendra Chaudhary, was arrested in connection with an alleged offence under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022, for possession of foreign liquor recovered from a car and a house. He contended that he was falsely implicated, had no possession or ownership of the seized liquor, and possessed a clean antecedent, having been in custody since 23 May 2026. The State opposed his bail application. The Court examined the allegations, the petitioner’s claim of innocence, and his clean record. Considering the circumstances, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount. The order was directed to be complied with by the District & Additional Sessions Judge‑cum‑Exclusive Special Judge, Excise Court No.1, Aurangabad.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022, given the nature of the alleged offence and the petitioner’s claim of false implication.

Legislation cited

Subjects

  • bail
  • prohibition
  • excise
  • foreign liquor
  • Section 30(a)
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 44307 of 2026
                      Arising Out of PS. Case No.-87 Year-2026 Thana- BARUN District- Aurangabad
                 ======================================================
                 Dharmendra Chaudhary @ Buta Chaudhary, age 31 years, male, Son of Late
                 Gupteshwar Chaudhary, Resident of Village- Khemda, 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 :       Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   08-07-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is in custody in a case registered for

                   the offence punishable under Section 30(a) of the Bihar

                   Prohibition & Excise Amendment Act, 2022.

                                3. As per allegation in the FIR, total 103.680 liters of

                   foreign made liquor has been recovered from a Hundai car

                   bearing registration no.BR02J-4607 and further during search

                   56.88 liters of foreign liquor has also been recovered from a

                   house.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in this case. He next

                   submits that nothing has been recovered from the conscious
          Patna High Court CR. MISC. No. 44307 of 2026(2) dt.08-07-2026
                                                      2/2




                    possession of the petitioner nor the petitioner is the owner of the

                    seized liquor and he has no role about the recovery of the seized

                    liquor, petitioner has got clean antecedent as stated in para-3 of

                    the petition and he is in custody since 23.05.2026.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioner.

                                 6. In view of the aforesaid submissions, let the above

                    named petitioner be released on bail on furnishing bail bond of

                    Rs.10,000/- (ten thousand) with two sureties of the like amount

                    each to the satisfaction of learned District & Additional Sessions

                    Judge-cum-Exclusive Special Judge, Excise Court No.1,

                    Aurangabad in connection with Barun P.S. Case No. 87 of 2026,

                    GR No.125 of 2026.



                                         (Ramesh Chand Malviya, J)
Brajesh Kumar/-
U       T


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