Patna High Court
Brahamdeo Chaudhary @ Brahmdev Chaudhary@ Brahmdev Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Petitioner Brahamdeo Chaudhary was arrested in connection with a case involving the alleged recovery of 95 litres of liquor and 60 litres of Nepali diesel from a pickup van, charged under the Bihar Prohibition and Excise Act, several IPC provisions and the Essential Commodities Act. The petitioner contended that he was neither the driver nor the owner of the vehicle, that no incriminating material was found on him, and that his name was supplied by local informants; he also highlighted a lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, citing the seriousness of the offences. After considering the facts, the period of custody, and the petitioner’s claim of innocence, 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 petitioner despite the nature of the offences under the Bihar Prohibition and Excise Act, IPC and Essential Commodities Act
- Whether the lack of material possession and non‑ownership of the vehicle justifies bail
- Whether compliance with Section 103 of the BNSS, 2023 is required for bail
Legislation cited
- BNSS, 2023 — s. 103
- Essential Commodities Act — s. 7
- Indian Penal Code — s. 272, 273, 414
Subjects
- bail
- prohibition and excise
- liquor seizure
- diesel seizure
- IPC sections 414 272 273
- Essential Commodities Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6067 of 2026
Arising Out of PS. Case No.-223 Year-2021 Thana- LAUKAHA District- Madhubani
======================================================
Brahamdeo Chaudhary @ Brahmdev Chaudhary@ Brahmdev Kumar
Chaudhary Son of Danalal Chaudhary @ Danilal Chaudhary R/o Village -
Balanpatti, P.S. - Laukaha, Distt. - 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. Parmeshwar Mehta, 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
Laukaha PS Case No. 223 of 2021 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act,
Sections 414, 272 & 273 of the I.P.C. and Section 7 of the E.C.
Act.
3. The prosecution case, in short, is that 95 liters
liquor was recovered from pickup van. It is also alleged that
there is recovery of 60 liters nepali diesel from the said vehicle
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.6067 of 2026(2) dt.31-01-2026
2/2
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that petitioner is neither the driver nor the owner of the vehicle
in question and he has no concern with the same. It is next
submitted that name of the petitioner is disclosed by local
people. The petitioner is in custody since 20.10.2025 and has
got one criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 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 Laukaha PS Case
No. 223 of 2021.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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