Patna High Court
Niraj Chaudhary @ Niranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail, holding that the absence of incriminating material in the accused’s possession and the procedural lapse justified release on bail.
Summary
The petitioner, Niraj Chaudhary, was arrested in connection with a case alleging possession of 108 litres of liquor recovered from an auto‑rickshaw, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no liquor was found in his conscious possession, and that he had no link to the vehicle involved. He also pointed out that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, citing the petitioner’s two prior criminal antecedents and the period of custody since 17‑11‑2025. Considering the lack of direct evidence against the petitioner and the procedural lapse, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail
Legislation cited
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal antecedents
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87522 of 2025
Arising Out of PS. Case No.-479 Year-2025 Thana- DINARA District- Rohtas
======================================================
Niraj Chaudhary @ Niranjan Kumar S/o Shiv Mandir Singh @ Shiv Mandin
Singh R/o Village- Karanj, P.O- Jigna, Karanj, P.S- Dinara, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Dinara
P.S. Case No. 479 of 2025 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 108 litres
of liquor was recovered from auto rickshaw.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
question or the alleged recovery of liquor. The petitioner is in
Patna High Court CR. MISC. No.87522 of 2025(2) dt.13-01-2026
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custody since 17.11.2025 and has two criminal antecedents.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned APP 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 as also 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/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dinara P.S. Case
No. 479 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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