Patna High Court
Gore Chaudhary @ Gorelal ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 47(a)
- Criminal Procedure Code — s. 438(2)
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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