Patna High Court
Santosh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court directed that the petitioner be released on pre‑arrest bail subject to a bond and sureties, under Section 482(2) of the BNSS.
Summary
Santosh Chaudhary applied for pre‑arrest bail after being implicated in an Excise case alleging recovery of 30 litres of illicit liquor under Section 30(c) of the Bihar Prohibition and Excise Act. He claimed he had no involvement in the liquor trade and was falsely implicated by co‑villagers. The State opposed the bail, arguing the seriousness of the offence. The High Court, noting that the liquor was recovered from an open public place and that the State had not effectively implemented its liquor policy, granted pre‑arrest bail subject to a Rs 10,000 bond and two sureties, conditioned on Section 482(2) of the BNSS. The Court also directed the District Court to verify any prior criminal antecedents, and the bail application was disposed of.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner in an offence under Section 30(c) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s claim of false implication warrants bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.
Legislation cited
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- false implication
- Section 30(c)
- Section 482(2)
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8346 of 2026
Arising Out of PS. Case No.-346 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Santosh Chaudhary, Male, aged about 28 years, Son of Bachchu Chaudhary,
resident of Village- Sandalpur, P.S- Nardiganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhilesh Kumar, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Akhilesh Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Md. Nazir Ansari,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Excise P.S. Case No. 346 of 2025 registered for the offence
punishable under Section 30 (c) of the Bihar Prohibition and
Excise Act as amended up-to-date.
3. Allegation is of recovery of 30 litres of illicit liquor
from near a pond situated at village Sandalpur Pacheya.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in the present case. Petitioner has no concern with the alleged
seized liquor nor he is involved in trade or consumption of illicit
liquor in any manner. The name of the petitioner has been
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disclosed by co-villagers. The recovery was made from near a
pond situated at village Sandalpur Pacheya, which is an open
place and easily accessible to anyone. On these grounds,
petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that the recovery of 30 litres of
illicit liquor was made from near a pond situated at village
Sandalpur Pacheya, which is an open place and easily accessible
to any one and also the fact that the State has failed to
implement its liquor policy in its true spirit, the petitioner, above
named, is directed to be released on pre-arrest bail, in the event
of his/her arrest or surrender before the learned District Court
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned District
Court where the case is pending, in connection with Excise P.S.
Case No. 346 of 2025, subject to the condition as laid down
under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
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pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
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