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Patna High Court

Harishankar Chaudhary @ Deepak Chaudhary @ Dipak Chaudhary @ Dipak Kumar @ Harishankar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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