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Patna High Court

Gore Chaudhary @ Gorelal ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted because the recovery of illicit liquor was not made from the petitioner's physical possession.

Summary

The petitioner, Gore Chaudhary, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 47(a) of the Bihar Prohibition and Excise Act, with 35 litres of liquor recovered from a house jointly occupied by family members. The petitioner argued that the liquor was not in his conscious physical possession and therefore he should not be held liable. The State opposed bail, contending the seriousness of the offence. The court examined the factual submission and noted that the recovery did not appear to be from the petitioner's direct possession. Consequently, the court ordered that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order was conditioned on the petitioner surrendering within four weeks to the trial court.

Issues considered

  • Whether the petitioner is entitled to bail when the seized illicit liquor was not in his conscious physical possession.
  • Whether the facts satisfy the requirements for granting bail under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS in a case under Section 47(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • possession
  • Bihar Prohibition and Excise Act
  • Section 47(a)
  • Criminal Procedure Code
  • Section 438
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45748 of 2026
                   Arising Out of PS. Case No.-489 Year-2014 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Nawada
                 ======================================================
                 Gore Chaudhary @ Gorelal Chaudhary S/o Lakhan Chandhary Resident of
                 Village - Pachrukhi, P.S.- Akbarpur, District- Nawada
                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sheo Kumar Prasad
                 For the Opposite Party/s :      Mr.Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   10-07-2026                    Heard the parties.

                                   2. The accused/petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with G.O. Case No.

                   489/2014 registered for the offences punishable under Section

                   47 (a) of the Bihar Prohibition and Excise Act.

                                   3. The allegation against the petitioner is to be

                   engage in illegal trading/manufacturing of illicit liquor, where,

                   there is recovery of 35 litres of IMFL/country made liquor.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submitted that recovery of illicit liquor was made from

                   the house, which was jointly occupied by different adult family

                   members. It is further submitted that recovery was not made

                   from conscious physical possession of the petitioner. While

                   concluding the argument it is submitted that petitioner found
               Patna High Court CR. MISC. No.45748 of 2026(2) dt.10-07-2026
                                                           2/2




                         involved in five more cases, where he is bail.

                                         5. Learned APP, opposes the prayer for bail.

                                         6. In view of aforesaid factual submission and by

                         taking note of fact as recovery of illicit liquor prima-facie not

                         appears to be made from the physical possession of this

                         petitioner, accordingly the petitioner above named, in the event

                         of his arrest or surrender before the learned trial court within a

                         period of four weeks, is directed to be released on bail, furnishing

                         bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two

                         sureties of the like amount each to the satisfaction of the learned

                         Exclusive Special Court, Excise-2, Nawada/concerned trial court

                         where the case is pending in connection with G.O. Case No.

                         489/2014 subject to the conditions as laid down under Section

                         438(2) of the Cr.P.C./ Section 482(2) of the BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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