Patna High Court
Dharmendra Chaudhary @ Buta ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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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