Patna High Court
Rajesh ChoudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties, and conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Rajesh Choudhary, applied for anticipatory bail after being named in an FIR for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, wherein 10 litres of country‑made Mahua liquor was recovered from his courtyard. He argued that the premises were open, not under his exclusive control, and that no lawful seizure list had been prepared, contending that he could not be held liable. The State opposed the bail, stating that the petitioner was the named accused and could not evade the FIR allegations. The court examined the facts, noted the petitioner’s absence from the scene, and considered his criminal antecedents, ultimately deciding that if arrested within six weeks he may be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The application was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted to a person named in an FIR for an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the recovery of liquor from an open residential courtyard establishes exclusive possession or control sufficient for liability.
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- exclusive possession
- seizure
- criminal antecedent
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8800 of 2026
Arising Out of PS. Case No.-322 Year-2025 Thana- KATORIYA District- Banka
======================================================
Rajesh Choudhary Son of Harihar Choudhary Resident Of Village - Katoriya,
Ward No 8, P.S. - Katoriya, Dist. -Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P.
======================================================
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 Katoriya P.S. Case No. 322 of 2025 registered
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 10 litre country made
Mahua liquor was recovered from courtyard of the house of
petitioner and he succeeded in fleeing away from the place of
occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. He further submits that the place of recovery is an
open residential premises which was neither locked nor shown
Patna High Court CR. MISC. No.8800 of 2026(2) dt.18-02-2026
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to be under the exclusive possession or control of the petitioner
and hence, petitioner cannot be held liable for the alleged
recovery. Seizure list has not been made as per law. Petitioner
was not found at the place of occurrence. 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. Petitioner bears criminal antecedent
of two cases in which he is on bail. He further submits that just
because of having criminal antecedent, petitioner has falsely
been implicated in the present case.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioner by submitting that
petitioner is FIR named accused and hence, petitioner cannot
escape from the allegation made in 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.8800 of 2026(2) dt.18-02-2026
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amount each to the satisfaction of learned Special Judge
Exclusive Excise Court-2, Banka in connection with Katoriya
P.S. Case No. 322 of 2025, subject to the conditions as laid
down under Section 482 (2) of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
alok/-
U T
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