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Patna High Court

Pappu ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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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