Patna High Court
SURAJ CHAUDHARYversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Suraj Chaudhary, applied for anticipatory bail in connection with a case (Bairiya PS Case No. 615 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for possession of 60 litres of illicit liquor. The prosecution’s case relied mainly on the statements of co‑accused who named the petitioner, while no incriminating article was found in his possession and he was not the owner of the motorcycle involved. The petitioner argued that he was absent from the scene, had a clean antecedent, and there was no material linking him to the offence. The State opposed the bail, contending that the petitioner’s name in the FIR sufficed for arrest. Considering the lack of direct evidence, the petitioner’s clean record, and the circumstances, the court ordered that he be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 482 of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482 of the B.N.S.S. despite the allegations under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the material on record sufficiently connects the petitioner to the alleged offence.
Legislation cited
- B.N.S.S. — s. 482
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482
- illicit liquor
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8873 of 2026
Arising Out of PS. Case No.-615 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
SURAJ CHAUDHARY S/O LATE ASTHJAM CHAUDHARY R/O Village -
Suriya Ward No. 10, Police Station - Bairiya, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr.Shyameshwar Dayal, APP
======================================================
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 Bairiya P.S. Case No. 615 of 2025, registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. As per prosecution-case, 60 litre country-made
illicit liquor was recovered from the motorcycle in question and
the apprehended co-accused Nikhil Kumar and Sonu disclosed
the name of the petitioner who is said to have fled away from
the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
alleged in the F.I.R. He further submits that petitioner is not the
Patna High Court CR. MISC. No.8873 of 2026(2) dt.18-02-2026
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owner of the vehicle in question. Neither petitioner was present
at the alleged place of occurrence nor any incriminating article
has been recovered from the conscious possession of the
petitioner. Except disclosure of the apprehended co-accused,
there is nothing on record to connect the petitioner with the
alleged occurrence. Apart from that, petitioner is having clean
antecedent. In the light of the facts and circumstances of the
case, no offence is made out against the petitioner as petitioner
is having no connection with the alleged occurrence.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner and
submits that petitioner is named in the F.I.R. and he cannot
escape from the allegation made in the F.I.R.
6. Considering the facts and circumstances of the
case, petitioner is not the owner of the motorcycle in question
and he was not present at the alleged place of occurrence,
keeping in view clean antecedent of the petitioner, 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
Patna High Court CR. MISC. No.8873 of 2026(2) dt.18-02-2026
3/3
Rs.10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned A.D.J.-cum-Excise
Court-1, Bettiah, West Champaran in connection with Bairiya
P.S. Case No. 615 of 2025, subject to the conditions as laid
down under Section 482 of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
K.C.Jha/-
U T
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