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Patna High Court

Sohan Choudhary @ Jay Shankar ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties of the same amount.

Summary

The petitioner, Sohan Choudhary, was arrested in connection with the alleged recovery of 1,528.200 liters of liquor from a truck, charged under Sections 338, 336(3) and 340(2) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Excise Act. He contended that he had no prior criminal record, was not caught in possession of the liquor, was not the owner of the vehicle, and was merely acting as a chowkidar. The State opposed bail, arguing the seriousness of the offences. The Court considered the petitioner’s clean antecedents, lack of conscious possession, and the fact that he had been in custody since 24‑11‑2025. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the trial court.

Issues considered

  • Whether bail should be granted to the petitioner in offences punishable under the Bihar Narcotic Substances Act, 2023 and the Bihar Excise Act, 2023 given the facts of the case.

Legislation cited

Subjects

  • bail
  • narcotic offences
  • excise law
  • liquor seizure
  • criminal procedure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5018 of 2026
                     Arising Out of PS. Case No.-65 Year-2025 Thana- SAKATPUR District- Darbhanga
                 ======================================================
                 Sohan Choudhary @ Jay Shankar Choudhary S/o- Arun Choudhary @ Mohan
                 Choudhary R/v- Nadiyami, W.No-6, Kurso Nadiyami, Tardih Ps- Sakatpur
                 Dist- Darbhanga

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raghvendra Kumar, Advocate
                 For the Opposite Party/s :       Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                     1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                    2. The petitioner seeks bail in a case registered for

                   the offences punishable under Sections 338, 336(3) and 340(2)

                   of the BNS, 2023 read with Section 30(a) of the Bihar Excise

                   Act.

                                    3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1528.200 liters of liquor from a truck.

                                    4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized vehicle and came to be implicated at the
            Patna High Court CR. MISC. No.5018 of 2026(2) dt.30-01-2026
                                                        2/2




                      instance of Chowkidar. It is next submitted that petitioner is in

                      custody since 24.11.2025.

                                        5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                      6. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, is

                      directed to be released on bail on furnishing bail bonds of Rs.

                      10,000/-(Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Trial Court where

                      the case is pending/successor court in connection with Sakatpur

                      P.S. Case No. 65 of 2025.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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