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Patna High Court

Saryug Chaudhary @ Saraug ChaudhariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner.

Summary

The petitioner, Saryug Chaudhary, was arrested in Sheikhpura on 7 December 2025 after 4.5 litres of liquor was recovered from a bucket at the main gate of his residence. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no conscious possession of the liquor, that the recovery site was an open area accessible to all, and that no incriminating material was found on him; he also highlighted the lack of compliance with Section 103 of the B.N.S.S., 2023. The State opposed bail, citing the petitioner’s two prior criminal antecedents and the seriousness of the offence. Considering the circumstances, the period of custody already served, and the absence of direct evidence linking the petitioner to the liquor, the Court decided to grant bail. The bail was set at a 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 lack of direct possession and non‑compliance with Section 103 of the B.N.S.S., 2023 affect the bail decision.

Legislation cited

Subjects

  • bail
  • excise
  • liquor possession
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • Section 103
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.578 of 2026
                     Arising Out of PS. Case No.-642 Year-2025 Thana- Excise P.S. District- Sheikhpura
                 ======================================================
                 Saryug Chaudhary @ Saraug Chaudhari S/O Karu Chaudhary R/O Village-
                 Chewara, P.S- Chewara, Distt.- Sheikhpura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Sheo Nandan Prasad, Advocate
                 For the Opposite Party/s :         Mr.Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in Sheikhpura Excise P.S.

                   case No. 642 of 2025 instituted for the offences under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 4.5 liters

                   liquor was         recovered from bucket and the petitioner was

                   arrested on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case.        No incriminating material has been recovered

                   from the conscious possession of the petitioner. The petitioner

                   has got no concern with the alleged recovery of liquor. It is
           Patna High Court CR. MISC. No.578 of 2026(2) dt.19-01-2026
                                                       2/2




                     further submitted that the recovery is made at the main gate of

                     the petitioner, an open place, accessible to one and all. The

                     petitioner is in custody since 07.12.2025 and has got two

                     criminal antecedent. There is no compliance of Section 103 of

                     B.N.S.S., 2023.

                                 5. Learned A.P.P. 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 and 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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Sheikhpura Excise

                     P.S. case No. 642 of 2025.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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