Patna High Court
Deenanath ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners, finding no sufficient ground to deny release.
Summary
The petitioners, Deenanath Chaudhary and Shambhu Chaudhary, were arrested in connection with a case alleging possession of 90 litres of liquor recovered from a motorcycle, under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, that no incriminating material was found in their possession, and that procedural requirements under Section 103 of the Bihar Narcotic Substances (B.N.S.S.) Act, 2023 were not complied with. The State opposed the bail application. Considering the facts, the length of custody, the petitioners' antecedents, and the lack of direct evidence, the Court decided to grant bail. The bail was conditioned on a bond of Rs.15,000 each, two sureties, a family member as bailor, and mandatory appearance at each trial date, with the possibility of cancellation on default. The petition was therefore disposed with bail granted.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the circumstances of arrest and custody
- Whether the requirements of Section 103 of the B.N.S.S., 2023 have been complied with
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6443 of 2026
Arising Out of PS. Case No.-437 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
1. Deenanath Chaudhary S/O Shambhu Chaudhary @ Shambhu Chaudhari
Resident of village - Shyampur bazar Pasi Tola, P.S.- Adapur, District- East
Champaran
2. Shambhu Chaudhary @ Shambhu Chaudhari S/O Janak Chaudhary Resident
of village - Shyampur bazar Pasi Tola, P.S.- Adapur, District- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mrs.Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in Adapur P.S. case No.
437 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 90 liters liquor
was recovered from motorcycle.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioners. The petitioners
Patna High Court CR. MISC. No.6443 of 2026(2) dt.02-02-2026
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have got no concern with the alleged recovery of liquor. It is
further submitted that petitioner No. 1 was arrested on spot and
on the basis of his disclosure, petitioner No. 2 was arrested. The
petitioners have been falsely implicated by the police with
ulterior motive. The petitioner No. 1 is in custody since
02.12.2025 whereas petitioner No. 2 is in custody since
22.12.2025. The petitioner No. 1 has clean antecedent whereas
petitioner No. 2 has two criminal antecedents. 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 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 petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Adapur P.S. case
No. 437 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
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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 petitioners.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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