Patna High Court
Jogendra Kumar @ Karu Chaudhary@ Jogendra ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, directing the furnishing of a bail bond of Rs.15,000 with two sureties.
Summary
Jogendra Kumar Chaudhary was arrested in Nawada district after 220 litres of liquor were recovered from a bush and charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no possession of the liquor, that the recovery was from an open area accessible to all, and that no incriminating material linked him to the contraband. He also argued that the procedural requirements of Section 103 of the Bihar Narcotic Substances (B.N.S.S.) Act, 2023, were not complied with, and highlighted his single prior criminal antecedent and the length of his custody since 14‑01‑2026. The State opposed bail, insisting on the seriousness of the offence. Considering the circumstances, the court found the bail application justified and ordered his release on a bail bond of Rs.15,000 with two sureties. The bail order was directed to be complied with by the concerned lower court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the facts of the case
- Whether the procedural requirements of Section 103 of the B.N.S.S., 2023 have been complied with
- Impact of the accused's prior criminal antecedent and period of custody on the grant of bail
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- Section 30(a)
- Section 103
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8465 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- NARHATT District- Nawada
======================================================
Jogendra Kumar @ Karu Chaudhary@ Jogendra Chaudhary Son of Krishna
Chaudhary R/o Village - Hemza Dopal, P.S. - Sirdala, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushp Raj Singh, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Narhat P.S. case No. 15
of 2026 instituted for the offences under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 220 liters
liquor was recovered from sac and the petitioner was arrested
on spot.
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
Patna High Court CR. MISC. No.8465 of 2026(2) dt.11-02-2026
2/2
further submitted that the recovery is made from a bush, an open
place, which is easily accessible to one and all. The petitioner
is in custody since 14.01.2026 and has got one criminal
antecedent. There is no compliance of Section 103 of B.N.S.S.,
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 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 Narhat P.S. case
No. 15 of 2026.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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