Patna High Court

Sujeet Chaudhary @ Sujeet Kumar ChaudharyversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail was granted to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Sujeet Chaudhary, was arrested after 5 litres of liquor were recovered from a jute sack behind his house, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, lack of incriminating material in his possession, and that the recovered liquor was in an open area accessible to the public. The State opposed the bail, citing the seriousness of the offence and the petitioner’s three prior criminal antecedents, though he was out on bail for those. The court noted the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, but considered the custody period and circumstances. Consequently, the court granted bail on a bond of Rs. 15,000 with two sureties, imposing conditions regarding family surety and mandatory appearance in court.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents.
Whether the lack of material in the petitioner’s conscious possession and the open nature of the recovery site justify bail.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30
criminal procedure
prior antecedents
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6550 of 2026
                       Arising Out of PS. Case No.-1000 Year-2025 Thana- GARKHA District- Saran
                 ======================================================
                 Sujeet Chaudhary @ Sujeet Kumar Chaudhary Son of Late Ashok Chaudhary
                 Resident of Village- Mithepur, Baniyawa, P.S.- Garkha, Distrct- Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Shweta Anand, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Garkha

                   P.S. Case No. 1000 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 05 liters

                   liquor was recovered from jute sack behind the house of the

                   petitioner and he was arrested on spot.

                                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

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.6550 of 2026(2) dt.02-02-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submitted that the alleged recovery has

          been made from an open place behind the house of the

          petitioner which is an open place and the same is easily

          accessible to the public at large. The petitioner is in custody

          since 31.12.2025 and has got three 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 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 Garkha P.S. Case

          No. 1000 of 2025, subject to the following conditions:

                       (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
             Patna High Court CR. MISC. No.6550 of 2026(2) dt.02-02-2026
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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