Patna High Court
Vinod ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted to the petitioners.
Summary
Vinod Chaudhary and Ramjeet Singh were named in an FIR for alleged possession of 1515.98 litres of illegal liquor, a vehicle, and live and dead cartridges, invoking sections of the IPC, Arms Act and Bihar Prohibition and Excise Act. They applied for bail, claiming innocence, lack of conscious possession, and that the allegations were politically motivated. The State opposed bail, relying on the FIR and the seriousness of the offences. The court noted that the petitioners were implicated solely on suspicion, had clean antecedents, and that a co‑accused had previously been granted anticipatory bail in a similar matter. Considering these factors, the court granted bail, directing the petitioners to furnish bail bonds and sureties.
Issues considered
- Whether bail can be granted to accused named in the FIR on the basis of suspicion alone under the listed provisions.
- Whether the absence of conscious possession and clean antecedent justify bail despite serious offences.
- Whether the precedent of anticipatory bail granted to a co‑accused influences the bail decision.
Legislation cited
- Arms Act — s. 25(1-b)A, 26, 35
- Indian Penal Code — s. 147, 148, 149, 307, 353
Subjects
- bail
- illegal liquor
- arms seizure
- suspicion
- anticipatory bail
- criminal procedure
- IPC
- Arms Act
- Prohibition Act
- political victimisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81641 of 2025
Arising Out of PS. Case No.-158 Year-2022 Thana- SRINAGAR District- West Champaran
======================================================
1. Vinod Chaudhary, aged about 35 years, Male, Son of Tulsi Chaudhary,
Resident of village- Banka Khas, P.S.- Aairaiya Sujan, District- Kushinagar,
U.P.
2. Ramjeet Singh @ Ramjee Singh, aged about 48 years, Male Son of
Gangadev Singh, resident of village- Birbhat Konhawalia, P.S.- Tarayasujan,
District- Kushinagar, UP.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Mohan, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Srinagar P.S. Case No. 158 of 2022 instituted for the offences
punishable under Sections 147,148,149,307,353 of the Indian
Penal Code and Sections 25(1-b)A, 26 and 35 of the Arms Act
as well as Section 30(a), 41, 45 and 47 of the Bihar Prohibition
and Excise Act.
3. As per allegation in the FIR, there is recovery of
1515.98 liters of illegal liquor along with vehicle with 25 piece
of live cartridge and four piece of dead cartridge.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence and
Patna High Court CR. MISC. No.81641 of 2025(4) dt.21-01-2026
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have falsely been implicated in this case only on the basis of
suspicion. He submits that there are no any concerned with the
seized liquor, arms or the vehicle. He further submits that the
petitioners have not committed any offence and nothing have
been recovered from the conscious possession of the petitioners
nor the petitioners were apprehended at the spot. He next
submits that due to village politics and previous enmity, police
official disclosed the name of the petitioners as the seller of the
illicit liquor. He lastly submits that the allegation against the
petitioners are imaginary, baseless, concocted and false.
Petitioners have got clean antecedent as stated in para 3 of the
petition is in custody since 09.10.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioners.
6. From perusal of the FIR, case diary and impugned
order of the learned Exclusive Special Judge, Excise Court-II,
Bettiah, West Champaran dated 30.10.2025, it appears that
petitioners are named in the FIR. From perusal of the records, it
also appears that on the basis of written report of the informant,
ASI, Amit Kumar Singh, FIR has been registered under Sections
147,148,149,307,353 of the Indian Penal Code and Sections
25(1-b)A, 26 and 35 of the Arms Act as well as Section 30(a),
Patna High Court CR. MISC. No.81641 of 2025(4) dt.21-01-2026
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41, 45 and 47 of the Bihar Prohibition and Excise Act and the
allegation against the petitioners are of recovery of 1515.98
liters of illegal liquor along with vehicle with 25 piece of live
cartridge and four piece of dead cartridge. It also appears that
petitioners are not arrested at the spot and their names have been
surfaced in this case only on the basis of suspicion. Similarly
situated co-accused person namely Dhurva Yadav has been
granted anticipatory bail by a Bench of this Court in Cr. Msic.
No. 11447 of 2023 vide order dated 29.04.2023, so considering
all these aspects of the case and submission of learned counsel
for the petitioners, I am inclined to grant bail to the petitioners.
7. Accordingly the prayer for bail of the petitioners
are allowed. Let the petitioners above named be released on
bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Exclusive Special Judge Excise Court-II, Bettiah,
West Champaran in connection with Srinagar P.S. Case No. 158
of 2022.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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