Patna High Court

Narendar Chaudhry @ Narendra ChaudharyversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner subject to bond and conditions.

Summary

Narendar Chaudhry was arrested in connection with a case (PS No.34/2025) alleging possession of 445.17 litres of liquor recovered from a Scorpio vehicle, violating Sections 30(a) and 37 of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely the owner of the vehicle, had no knowledge of the liquor, no incriminating article was found in his possession, and he had no prior criminal record. He also argued that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. The State opposed bail. Considering the lack of direct evidence, the petitioner’s clean record, and the period of custody already served, the Court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular appearance in court.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.
Whether the prosecution evidence justifies denial of bail.
Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
vehicle ownership
criminal procedure
Section 103
excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4672 of 2026
                   Arising Out of PS. Case No.-34 Year-2025 Thana- Ramdas Rai Ka Dera District- Buxar
                 ======================================================
                 Narendar Chaudhry @ Narendra Chaudhary Son of Kesho Choudhary R/o
                 Village - Belaur, P.S. - Udvantnagar, District - Bhojpur, Bihar.
                                                                                  ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dr. Pratyush Kumar, Advocate
                 For the Opposite Party/s :        Mrs. Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Ramdas

                   Rai Ka Dera P.S. Case No. 34/2025 instituted for the offences

                   punishable under Sections 30(a) and 37 of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 445.17

                   litres of liquor was recovered from Scorpio.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that the name of the petitioner has transpired in this case merely

                   as being the owner of the vehicle in question and he had no

                   knowledge regarding the goods loaded in the vehicle. The
             Patna High Court CR. MISC. No.4672 of 2026(2) dt.28-01-2026
                                                         2/2


                       petitioner is in custody since 12.12.2025 and has no criminal

                       antecedent. There is no compliance of Section 103 of the

                       Bharatiya Nagarika Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances of

                       the case as also the period of custody undergone by the

                       petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Ramdas Rai Ka Dera

                       P.S. Case No. 34/2025, subject to the following conditions:

                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T

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