Patna High Court
Pappu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Pappu Chaudhary, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 2 litres of liquor were recovered from a bottle behind his house. He claimed innocence, arguing that the liquor was in an open area accessible to the public and that his name was implicated solely on the basis of local disclosures, with no material linking him to conscious possession. The State opposed bail, while the petitioner highlighted six prior criminal antecedents for which he was already on bail and the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court considered the length of custody, the nature of the evidence, and the petitioner’s bail history, and found no compelling reason to deny bail. Consequently, the Court granted bail subject to a bond of Rs. 15,000 with two sureties and imposed conditions regarding family surety, appearance, territorial restrictions, and future offences. The bail order was made effective after framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
- Whether the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
- Whether the petitioner’s prior criminal antecedents and period of custody justify denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6009 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- NAYAGAON District- Saran
======================================================
Pappu Chaudhary S/o- Surendra Chaudhary @ Surendar Chaudhary R/v-
Sheikh Dumari (Sheikhdumari) Ps- Nayagaon Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Nayagaon P.S. Case No. 237 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 02 liters
liquor was recovered from a bottle behind the house of the
petitioner.
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
Patna High Court CR. MISC. No.6009 of 2026(2) dt.31-01-2026
2/3
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis of disclosure made by local people. It is further
submitted that the alleged recovery has been made from an open
place behind the house of the petitioner and the same is easily
accessible to the public at large. The petitioner is in custody
since 28.12.2025 and has got six criminal antecedents in which
he is on bail. There is no compliance of Section 103 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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 after framing
of charge, if not already framed, 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 Nayagaon P.S. Case No. 237 of 2025,
subject to the following conditions:
Patna High Court CR. MISC. No.6009 of 2026(2) dt.31-01-2026
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(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner 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.
(III) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(IV) The petitioner will not leave the territorial
jurisdiction of the Court below without its prior permission for
the same.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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