Patna High Court
Pappu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners.
Summary
The petitioners, Pappu Chaudhary and Vicky Kumar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 77 litres of illicit country-made liquor was recovered from a public place. They contended that they were falsely implicated, arguing that no liquor was found in their personal possession and that the recovery was from an open area accessible to the public. The petitioners had been in custody since 30 November 2025; one had a prior criminal record while the other had none, and the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the lack of direct evidence, the circumstances of custody, and procedural lapses, decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail
- Whether the petitioners were falsely implicated and lack of incriminating article in their possession justifies bail
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- illicit liquor
- false implication
- criminal procedure
- Section 30(a)
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4790 of 2026
Arising Out of PS. Case No.-1245 Year-2025 Thana- ALAMGANJ District- Patna
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1. Pappu Chaudhary Son of Rambabu Chaudhary Resident of Sadikpur,
Saraigali, P.S.- Alamganj, District- Patna
2. Vicky Kumar Son of Yogendra Chaudhary Resident of Mohalla- Dadar
Mandi, Machali Hat, P.S.-Alamganj, District-Patna.(Bihar).
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr .Awadhesh Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seeks bail in connection with
Alamganj P.S. Case No. 1245/2025 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 77 litres
of illicit country-made liquor has been recovered from jute sack.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
Patna High Court CR. MISC. No.4790 of 2026(2) dt.28-01-2026
2/2
from an open place which is accessible to public at large. The
petitioners have got no concern with the alleged recovery of
liquor. The petitioners are in custody since 30.11.2025 and the
petitioner no. 1 has one criminal antecedent whereas the
petitioner no. 2 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 petitioners.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Alamganj P.S. Case
No. 1245/2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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