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Patna High Court

Raju Kumar Chaudhary @ Raju ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, holding that the circumstances did not justify continued detention.

Summary

The petitioner, Raju Kumar Chaudhary, was charged under Sections 30(a) and 41(1) of the Excise Act for allegedly recovering 27 litres of liquor and destroying 35 litres of semi‑manufactured liquor. He was not arrested at the spot and no liquor was found in his possession; his name appeared only in the confessional statement of an apprehended co‑accused. The petitioner had been in custody since 24 September 2025, and a charge‑sheet had already been filed. The State opposed bail, arguing the seriousness of the offences. The Court considered that the lack of direct possession and the reliance on a confessional statement, which lacks evidentiary value, did not justify continued detention. Accordingly, the Court ordered his release on regular bail with a bond of Rs.10,000 and two sureties of the same amount.

Issues considered

  • Whether bail should be granted in offences punishable under Sections 30(a) and 41(1) of the Excise Act when the accused was not found in possession of the liquor.
  • Whether a confessional statement of a co‑accused can be the basis to deny bail.
  • Whether the period of pre‑trial custody and filing of charge‑sheet warrant denial of bail.

Legislation cited

Subjects

  • bail
  • Excise Act
  • Section 30
  • Section 41
  • confessional statement
  • possession
  • charge-sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87465 of 2025
                          Arising Out of PS. Case No.-99 Year-2025 Thana- Nagara District- Saran
                 ======================================================
                 Raju Kumar Chaudhary @ Raju Chaudhary S/O Sahdev Chaudhary R/O
                 Village- Rauja Masihan Tola, P.S.- Nagra, District- Saran at Chapra.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Alok Kumar Alok
                 For the Opposite Party/s :        Mr.Ajay Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 30(a) and 41(1) of the

                   Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case and allegation is of

                   recovery of 27 litres of liquor from a place behind the house of

                   Sahdeo Chaudhary and Naresh Chaudhary and 35 litres of semi-

                   manufactured liquor was destroyed at the spot.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and his name

                   transpired in the confessional statement of apprehended accused
               Patna High Court CR. MISC. No.87465 of 2025(2) dt.30-01-2026
                                                           2/2




                         in police custody, which does not have any evidentiary value. It

                         is also submitted that petitioner is in custody since 24.09.2025

                         and charge-sheet has been submitted.

                                      5. Learned A.P.P. opposes the bail application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioner, the petitioner, above-named, is

                         directed to be released on regular bail on his furnishing bail-

                         bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with

                         two sureties of the like amount each to the satisfaction of the

                         learned Trial Court where the case is pending/successor Court in

                         connection with Nagra Excise P. S. Case No.99 of 2025.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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