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Patna High Court

Mukesh ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to monetary and personal surety conditions and mandatory appearance requirements.

Summary

The petitioner, Mukesh Chaudhary, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 48 litres of illicit country-made liquor recovered from his house. He claimed false implication and argued that the liquor was found in a joint family house, not in his exclusive possession, and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offence and the petitioner’s four prior criminal antecedents. The Court considered the facts, the period of custody since 9 December 2025, and the bail already granted to a co‑accused, and decided to grant bail. The petitioner was released on a bail bond of Rs 15,000 with two sureties, subject to conditions including family surety and regular appearance before the trial court.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite alleged possession of illicit liquor
  • Whether the petitioner’s prior criminal antecedents and lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, preclude bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • criminal procedure
  • Section 30(a)
  • Section 103
  • antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7054 of 2026
                     Arising Out of PS. Case No.-284 Year-2025 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Mukesh Chaudhary Son of Late Kedar Chaudhary Resident of Village-
                 Shobhipur, P.S.- Janta Bazar, District- 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. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   30-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Janta

                   Bazar P.S. Case No. 284/2025 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 71 litres

                   of liquor was recovered from from four different places out of

                   which 48 litres of illicit country-made liquor and liquor

                   manufacturing articles were recovered from the house of the

                   petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.7054 of 2026(2) dt.30-01-2026
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          incriminating article has been recovered from the conscious

          possession of the petitioner. Learned counsel further submitted

          that the recovery has been made from the joint house of the

          petitioner where other family members also reside. The other

          co-accused person has already been granted bail by this court

          vide order dated 19.01.2026 passed in Cr. Misc. No.

          91152/2025. The petitioner is in custody since 09.12.2025 and

          has four criminal antecedents. There is no compliance of

          Section 103 of the Bharatiya Nagarika 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 as also 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 Janta Bazar P.S. Case

          No. 284/2025, 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
             Patna High Court CR. MISC. No.7054 of 2026(2) dt.30-01-2026
                                                         3/3




                       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)
atul/-

U        T


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