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Patna High Court

Ujjawal ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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