Patna High Court

Sunil Chaudhary @ Sunil Kumar @ GobarversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail must be granted as there was no incriminating material against the petitioner and procedural requirements under Section 103 were not complied with.

Summary

The petitioner, Sunil Chaudhary, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 60 litres of liquor from two motorcycles. He contended that he was not the owner of the motorcycles, had no possession of the liquor, and was implicated solely on a confessional statement of a co‑accused, which he claimed lacked evidentiary value. The petitioner had been in custody since 17 September 2025 and possessed three prior criminal antecedents, while the prosecution argued against bail. The court noted the absence of any material recovered from the petitioner’s conscious possession and the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the circumstances and the period of custody, the court decided to grant bail with a bond of Rs.15,000 and two sureties, imposing conditions of family surety and mandatory appearance at trial.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and procedural lapses.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition act
excise
confessional statement
Section 103
criminal antecedents
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87595 of 2025
                   Arising Out of PS. Case No.-298 Year-2025 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Sunil Chaudhary @ Sunil Kumar @ Gobar S/o- Late Prem Chaudhary R/v-
                 Daudbur Chatti Ps- Daudpur Dist- Saran
                                                                        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mrityunjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :      Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Bhagwan Bajar P.S. Case No. 298 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 60 liters

                   liquor was recovered from two motorcycles.

                                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. Learned counsel

                   for the petitioner also submits that the petitioner is not the
Patna High Court CR. MISC. No.87595 of 2025(2) dt.12-01-2026
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          owner of the motorcycles in question. It is further submitted that

          the petitioner was not arrested on spot rather his name has

          transpired in this case on the basis of confessional statement

          made by other co-accused person and the same has got no

          evidentiary value. The petitioner is in custody since 17.09.2025

          and has got three criminal antecedents. There is no compliance

          of Section 103 of the Bharatiya Nagarik 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 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/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Bhagwan Bajar P.S.

          Case No. 298 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.87595 of 2025(2) dt.12-01-2026
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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