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Patna High Court

Indal Chaudhary @ Indal ChaudhariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Indal Chaudhary, applied for anticipatory bail after the police recovered 33 litres of country-made liquor from his tin‑roofed shop in Siwaipatti, Muzaffarpur, alleging a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was not present at the place of recovery, had no conscious possession of the liquor, and that the seizure was not conducted in accordance with law, arguing that the open premises made him not liable. The State opposed the bail, asserting that the liquor was found on the petitioner’s premises, thereby justifying the FIR. The court examined the facts, noting the petitioner’s absence at the scene and the questionable legality of the seizure, and held that anticipatory bail could be granted if the petitioner surrenders within six weeks and furnishes a bail bond with two sureties. Accordingly, the application for anticipatory bail was allowed subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged recovery of liquor from his shop.
  • Whether the seizure of liquor was lawful and the petitioner had conscious possession, thereby justifying the FIR under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • illegal liquor
  • search and seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8699 of 2026
                   Arising Out of PS. Case No.-206 Year-2025 Thana- SIWAIPATTI District- Muzaffarpur
                 ======================================================
                 Indal Chaudhary @ Indal Chaudhari Son of Laxman Chaudhary Resident of
                 Village- Ram Nagar, P.S.- Siwaipatti, District- Muzaffarpur

                                                                                     ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Nachiketa Jha, Adv.
                 For the State           :        Mr. Lalan Kumar, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Siwaipatti P.S. Case No. 206 of 2025 registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                 3. As per prosecution case, there is alleged recovery

                   of 33 litre country made liquor from the tin roofed shop of the

                   petitioner situated by the road side.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence as alleged

                   in the FIR. Petitioner bears criminal antecedent of one case

                   which is not similar to the present case and in the said case

                   petitioner is on bail. He further submits that nothing has been
Patna High Court CR. MISC. No.8699 of 2026(2) dt.18-02-2026
                                            2/3




          recovered from conscious possession of the petitioner.

          Petitioner was not found at the place of occurrence. Petitioner

          has no concern with the seized liquor. He further submits that

          alleged place of recovery is an open place and same is

          accessible to all and petitioner cannot be held responsible for the

          alleged recovery. Search and seizure have not been made as per

          law. In the light of the aforesaid facts and circumstances of the

          case, no case is made out against the petitioner under the

          provisions of Bihar Prohibition and Excise Act.

                       5. The learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioner and submits that 33 litre

          country made liquor has been recovered from the tin roofed

          shop of the petitioner and hence, petitioner cannot escape from

          the allegation made in the FIR.

                       6. Considering the facts and circumstances of the

          case, petitioner was not found at the place of occurrence,

          argument advanced on behalf of both sides and also taking into

          consideration the material available on record, the petitioner

          above-named, in the event of his arrest or surrender before the

          learned trial court within a period of six weeks from today, be

          released on anticipatory bail on furnishing bail bond of Rs.

          10,000/- (rupees ten thousand) with two sureties of the like
            Patna High Court CR. MISC. No.8699 of 2026(2) dt.18-02-2026
                                                        3/3




                      amount each to the satisfaction of learned Exclusive Special

                      Judge, Excise Court No. 3, Muzaffarpur in connection with

                      Siwaipatti P.S. Case No. 206 of 2025, subject to the conditions

                      as laid down under Section 482(2) of the B.N.S.S.

                                   7. The application stands allowed.


                                              (Alok Kumar Pandey, J)

shahzad/-

U      T


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