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Patna High Court

Jitendra ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Jitendra Chaudhary, was arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 50 litres of liquor recovered from a scooty that he owned. He claimed innocence, stating that the scooty was parked in a public place and he had no knowledge of the liquor, and that no incriminating material was found in his possession. The State opposed bail, while the petitioner’s counsel highlighted his lack of involvement and the absence of compliance with Section 103 of the B.N.S.S., 2023. Considering the facts, the period of custody since 17‑10‑2025, and the petitioner’s two prior criminal antecedents, the Court decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.

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 the case and the petitioner’s antecedents.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • liquor possession
  • Section 30(a)
  • Section 103
  • criminal antecedents
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.676 of 2026
                     Arising Out of PS. Case No.-343 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Jitendra Chaudhary S/o Late Prabhu Chaudhary Resident of vill.- Bhadeja,
                 P.S.-Muffasil, Dist.- Gaya, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anmol Kumar, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                      Heard learned counsel for the petitioner and

                   learned APP for the State.

                               2. The petitioner seeks bail in Muffasil P.S. case

                   No. 343 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 50 liters

                   liquor was recovered from Scooty.

                               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 no concern with the alleged recovery
Patna High Court CR. MISC. No.676 of 2026(2) dt.19-01-2026
                                            2/3




          of liquor. It is further submitted that the name of the

          petitioner has transpired as being owner of the Scooty in

          question. The Scooty was parked at public place at the time

          of search made by the police and the petitioner had no

          knowledge regarding the nature of goods kept in vehicle.

          The petitioner is in custody since 17.10.2025 and has got

          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 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 Muffasil

          P.S. case No.            343 of 2025 subject to the following

          conditions:

                       (I) One of the bailors shall be own/close member
           Patna High Court CR. MISC. No.676 of 2026(2) dt.19-01-2026
                                                       3/3




                     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.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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