Patna High Court
Naresh Chaudhary @ Naresh ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted regular bail to the petitioner.
Summary
Naresh Chaudhary was arrested in connection with a case alleging that 27 litres of illicit liquor were recovered from a public Dalan and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was innocent, that no contraband was found in his possession, and that he was framed due to local village politics. He had been in custody since 12 February 2026 and sought regular bail. The State opposed the bail, relying on the FIR and seizure list, but the court noted the absence of any independent witness to the seizure and the petitioner’s claim of political victimisation. Considering these factors, the court granted regular bail on a bond of Rs.10,000 with two sureties, subject to the condition of appearing before the trial court on all dates.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act despite the FIR and seizure report.
- Whether the lack of independent witnesses to the seizure and the claim of political victimisation justify granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- political victimisation
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45299 of 2026
Arising Out of PS. Case No.-59 Year-2023 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Naresh Chaudhary @ Naresh Chaudhari, aged about 53 years, Male, Son of
Late Bhanu Chaudhary, Resident of Village - Kuldeep Nagar, P.S. - Chhapra
Mufassil, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Mani, Advocate
Ms. Pallawi Kumari, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, 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 seeks bail in connection with Chapra
Muffasil P.S. Case No. 59 of 2023 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per allegation in the FIR, total 27 litres of illicit
liquor has been recovered from a Dalan.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case due to local village politics.
He submits that there is no any incriminating article has been
recovered from the physical possession of the petitioner. He
further submits that the alleged recovery is from a Dalan, which
Patna High Court CR. MISC. No.45299 of 2026(2) dt.08-07-2026
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is an open place and accessible to general public. He next
submits that the petitioner was not arrested at the spot and his
name has been surfaced in this case only on the basis of local
village people. Petitioner is in custody since 12.02.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR, seizure list and impugned
order of the learned 01st Exclusive Special Excise Court, Saran
at Chapra, it appears that petitioner is named in the FIR. From
perusal of the records, it appears that on the basis of written
report of the informant, FIR has been registered under Section
30(a) of the Bihar Prohibition and Excise Act against the above
named petitioner and the allegation is of 27 litres of illicit
liquor which has been recovered from a Dalan. Petitioner is in
custody since 12.02.2026 and there is no any independent
witness of the seizure list, so considering all these aspects of the
case and submission of learned counsel for the petitioner, I am
inclined to grant regular bail to the above named petitioner.
7. Accordingly the prayer for regular bail of the
petitioner is allowed. Let the petitioner above named be
released on regular bail on furnishing bail bonds of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.45299 of 2026(2) dt.08-07-2026
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satisfaction of the learned Special Judge-I (Excise Act) Saran at
Chapra in connection with Chapra Muffasil P.S. Case No. 59 of
2023, subject to the condition that the petitioner shall physically
present before the trial Court on each and every date as fixed by
the trial Court and if the petitioner is absented, his bail bonds
shall be cancelled.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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