Patna High Court

Gawaru Chaudhary @ Munna ChaudharyversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to bail bond and surety conditions.

Summary

The petitioner, Gawaru Chaudhary, feared arrest in a case (PS No. 307 of 2024) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 70.4 litres of country-made liquor recovered from two motorcycles. The prosecution’s case is based on statements of co‑accused, while the petitioner claims he is not the owner of the motorcycles and has no criminal antecedent. He also contended that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, rendering the case prima facie weak. The State opposed the grant of bail. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail, subject to a bail bond of Rs.15,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
Whether the Court can exercise its inherent powers under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 to grant bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 103
Section 482(2)
criminal procedure
co‑accused statements
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88306 of 2025
                        Arising Out of PS. Case No.-307 Year-2024 Thana- RAJPUR District- Buxar
                 ======================================================
                 Gawaru Chaudhary @ Munna Chaudhary S/o Ganesh Chaudhary R/o Village
                 - Dihri, P.S - Rajpur, District - Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar, Adv.
                 For the Opposite Party/s :       Mr. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner apprehends his arrest in connection

                   with Rajpur PS Case No. 307 of 2024 instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                           3.      The prosecution case, in short, is that total 70.4

                   litres of country made liquor was recovered from two

                   motorcycles.

                           4.      Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   the statement given by the apprehended co-accused persons.

                   Learned counsel further submitted that petitioner is not the
           Patna High Court CR. MISC. No.88306 of 2025(2) dt.15-01-2026
                                                       2/2




                     owner of the said motorcycles. The petitioner has got no

                     concern with the alleged recovery of liquor. Learned counsel for

                     the petitioner, therefore, contends that prima-facie no case is

                     made out against the petitioner. The petitioner has no criminal

                     antecedent. 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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail 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 Rajpur PS Case No.

                     307 of 2024, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

Continue reading with your account

Checking your session…