Patna High Court
Saryug Chaudhary @ Saraug ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- B.N.S.S., 2023 — s. 103
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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