Patna High Court

Rakesh ChaudharyversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that the petitioner is entitled to anticipatory bail subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Rakesh Chaudhary, sought anticipatory bail fearing arrest in a case (Janta Bazar PS Case No. 284 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 71 litres of liquor recovered from multiple locations including his house. The petitioner argued that his name was implicated solely on statements of local residents, that he had no involvement in the liquor recovery, and that the recovery was from a joint family house. He also contended that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and that no prima facie case existed against him. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail on the condition of furnishing bail bonds and sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the prosecution complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether a prima facie case exists against the petitioner warranting denial of anticipatory bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 103
Section 482(2)
high court
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.7019 of 2026
                     Arising Out of PS. Case No.-284 Year-2025 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Rakesh Chaudhary S/o- Late Kedar Chaudhary R/v- Shobhipur Ps- Janta
                 Bazar Dist- Saran
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mr.Arun Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Janta Bazar P.S. Case No. 284 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 total 71 litres

                   of liquor was recovered in this case from four different places,

                   including the house of petitioner.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   statement given by local people. The petitioner has got no

                   concern with the alleged recovery of liquor. The petitioner has
           Patna High Court CR. MISC. No.7019 of 2026(2) dt.04-02-2026
                                                       2/2




                     two criminal antecedents. Learned counsel for the petitioner

                     further submitted that the recovery has been made from joint

                     house of the petitioner, where other family members also reside.

                     There is no compliance of Section 103 of the Bharatiya

                     Nagarika Suraksha Sanhita, 2023.                    Learned counsel for the

                     petitioner, therefore, contends that prima-facie no case is made

                     out against the petitioner.

                             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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory 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 Janta Bazar P.S. Case

                     No. 284 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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