Patna High Court
Ujjawal ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to both petitioners subject to the stipulated bond and conditions.
Summary
The petitioners, Ujjawal Choudhary and Govind Kumar Choudhary, were arrested in connection with a case (G.R. No. 768 of 2025) involving the seizure of 486 litres of liquor from a vehicle. They were charged under Sections 274, 275, and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioners contended that they were merely the driver and a passenger, had no ownership of the vehicle, no incriminating articles were found on them, and they had no prior criminal record; they also argued that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 had not been complied with. The State opposed bail. Considering the lack of direct evidence, the petitioners' custody duration, and the statutory provisions, the Court granted bail to both petitioners with a bond of Rs.15,000 each and two sureties, subject to conditions regarding family surety and regular court appearances.
Issues considered
- Whether bail should be granted to the accused under the charges of illegal liquor possession and related offences.
- Whether the absence of incriminating articles on the accused and lack of ownership of the vehicle justify bail.
- Whether compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 is required for bail denial.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- criminal procedure
- liquor seizure
- prohibition act
- presumption of innocence
- section 103
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5942 of 2026
Arising Out of PS. Case No.-163 Year-2025 Thana- BHAIRAVSHTHAN District-
Madhubani
======================================================
1. Ujjawal Choudhary S/O Late Sanjeev Kumar Choudhary R/O Village-
Dhakjari, Ward No. 09 P.S.- Jainagar, Distt.- Madhubani
2. Govind Kumar Choudhary S/O Udaykant Chaudhary R/O Guradhara, P.s.
and Dist.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with G.R,
No. 768 of 2025 arising out of Bhairavsthan P.S. Case No. 163
of 2025 instituted for the offences punishable under Sections
274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 486 litres
of liquor was recovered from car.
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
Patna High Court CR. MISC. No.5942 of 2026(2) dt.31-01-2026
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possession of the petitioners. Learned counsel further submitted
that petitioners are not the owner of the vehicle. It is further
submitted that petitioner no.1 is the driver of the vehicle in
question whereas petitioner no.2 is the passenger and both the
petitioners have got no concern with the loaded articles/liquor.
The petitioners are in custody since 12.12.2025 and have 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 and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioner no. 2 be released on bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with G.R, No. 768
of 2025 arising out of Bhairavsthan P.S. Case No. 163 of 2025.
8. Let the petitioner no. 1 be released on bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with G.R, No. 768
Patna High Court CR. MISC. No.5942 of 2026(2) dt.31-01-2026
3/3
of 2025 arising out of Bhairavsthan P.S. Case No. 163 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner no. 1.
(II) The petitioner no.1 shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioner no.1.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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