Patna High Court
Harishankar Chaudhary @ Deepak Chaudhary @ Dipak Chaudhary @ Dipak Kumar @ Harishankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Harishankar Chaudhary, sought bail in a case (PS Case No. 299 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, where 315.750 litres of liquor were seized from a car. The petitioner claimed innocence, stating no incriminating material was found in his possession and that he was named only by a co‑accused, while also noting three prior criminal antecedents and lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the length of custody, the absence of direct evidence against the petitioner, and the fact that a co‑accused had already been granted bail. Consequently, the court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount. The bail was granted subject to the conditions specified.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the evidence, custody period, and prior criminal antecedents.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- liquor seizure
- criminal antecedents
- Section 103 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89216 of 2025
Arising Out of PS. Case No.-299 Year-2025 Thana- SUPAUL District- Supaul
======================================================
Harishankar Chaudhary @ Deepak Chaudhary @ Dipak Chaudhary @ Dipak
Kumar @ Harishankar Kumar S/o Bechan Chaudhary @ Bachan Chaudhary
Petitioner Name @ Deepak Kumar Chaudhary Resident of Village - Andauli,
Ward no. 6, P.S- Kishunpur, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Renuka Ratnakar, APP
======================================================
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 Supaul
PS Case No. 299 of 2025 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 315.750 liters
liquor was recovered from car.
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. It is submitted
Patna High Court CR. MISC. No.89216 of 2025(2) dt.19-01-2026
2/2
that co-accused disclosed the name of the petitioner. Petitioner
has no concern with the car. The petitioner is in custody since
16.10.2025 and has got three criminal antecedent/s. There is no
compliance of Section 103 of the BNSS, 2023. Other co-
accused has been granted bail by this Court vide order dated 07-
08-2025, passed in Cr. Misc. No. 52454 of 2025.
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 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 Supaul PS Case No.
299 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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