Patna High Court
Jitendra 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 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
- B.N.S.S. — s. 103
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
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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
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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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