Patna High Court
Rambabu ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Rambabu Chaudhari was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 256.5 litres of liquor recovered from a sack hidden in a bush. The petitioner claimed innocence, arguing that no incriminating material was found in his possession and that the liquor was recovered from an open area accessible to all. He had five prior criminal antecedents, one of which resulted in acquittal, and the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed bail, but the court, considering the facts, the period of custody, and the lack of direct evidence, decided to grant bail. The bail was conditioned on a bond of Rs.15,000 with two sureties, family surety requirement, attendance at trial dates, non‑tampering with evidence or witnesses, and a prohibition on committing similar offences.
Issues considered
- What is the appropriateness of granting bail to an accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts and prior antecedents?
- Whether the non‑compliance with Section 103 of the BNSS, 2023 affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- prior convictions
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7308 of 2026
Arising Out of PS. Case No.-437 Year-2024 Thana- ADAPUR District- East Champaran
======================================================
Rambabu Chaudhari Son of Juman Chaudhari @ Jamuna chaudhari Resident
of village -Shyampur, P.S.- Adapur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Adapur
PS Case No. 437 of 2024 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 256.5 liters
liquor was recovered from sack hidden in bush.
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 of liquor. It is submitted
that recovery is from an open place, which is accessible to one
Patna High Court CR. MISC. No.7308 of 2026(2) dt.10-02-2026
2/3
and all. The petitioner is in custody since 10.12.2025 and has
got five (5) criminal antecedent/s, out of which he is acquitted in
one case. There is no compliance of Section 103 of the BNSS,
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, after framing
of charge, if not already framed, 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 Adapur PS Case No. 437 of 2024, 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 and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
Patna High Court CR. MISC. No.7308 of 2026(2) dt.10-02-2026
3/3
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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