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Patna High Court

Vinod ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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