Patna High Court
Jai Ram ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Jai Ram Choudhary, was arrested after police recovered 19.75 litres of country-made liquor from a plastic jar he was carrying, and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, arguing that the liquor was recovered from a public bamboo bush and that he had no conscious possession, and that the police had ulterior motives. The State opposed bail, while the petitioner’s counsel highlighted the lack of incriminating material and non‑compliance with Section 103 of the BNSS, 2023. Considering the facts, the court found no compelling reason to keep the petitioner in custody and decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s regular appearance in court.
Issues considered
- What is the applicability of Section 30(a) of the Bihar Prohibition and Excise Act to the petitioner’s alleged possession of illicit liquor?
- Whether the petitioner is entitled to bail despite having five prior criminal antecedents and the alleged recovery of liquor from a public place.
- Whether the prosecution complied with Section 103 of the BNSS, 2023 in the arrest and investigation.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illegal liquor
- Section 103 BNSS
- criminal antecedents
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.878 of 2026
Arising Out of PS. Case No.-147 Year-2025 Thana- ARIYARI District- Sheikhpura
======================================================
Jai Ram Choudhary S/O Late Faggu Choudhary Resident of Vill- Baikathpur,
P.S- Ariyari, Dist- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumari Anupam, Adv.
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Ariyari PS
Case No. 147 of 2025 instituted for the offences under Section
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 19.750 liters of
country made liquor was recovered from the plastic jar carried
by the petitioner and the petitioner was arrested on the 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. Learned counsel
Patna High Court CR. MISC. No.878 of 2026(2) dt.19-01-2026
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for the petitioner submits that the recovery has been made from
the bamboo bush which is an open place accessible to public at
large and petitioner is implicated in this case by the police with
ulterior motive. The petitioner is in custody since 11.11.2025
and has got five criminal antecedents. There is no compliance of
Section 103 of the BNSS, 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, after framing
of charge, if not already framed, 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 Ariyari PS Case No. 147 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
consecutive dates, the Trial Court will have liberty to cancel the
Patna High Court CR. MISC. No.878 of 2026(2) dt.19-01-2026
3/3
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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