Patna High Court
Kailash Chaudhary @ kailas Chaudhary @ Ram Kailash Chaudhary @ Ramkailash YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, who has been in custody since 25 October 2025, sought bail in a case (Kateya P.S. Case No. 144 of 2025) involving the alleged possession of 621 litres of country‑made liquor seized from a Scorpio car, alleged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 317(5) and 111 of the B.N.S. The petitioner claimed he was neither the owner nor driver of the vehicle, had no direct possession of the liquor, and was falsely implicated, despite having five prior criminal antecedents. The State opposed bail, but the petitioner offered a bail bond of Rs 10,000 with two sureties and undertook to appear before the court and the Superintendent of Police as required. Justice Sourendra Pandey considered the length of custody, the nature of the offence, and the petitioner’s antecedents, and ordered bail on the condition of a Rs 10,000 bond, two sureties, regular court appearances, and periodic reporting to the police. The order also stipulated cancellation provisions for non‑compliance or repeat offences, and directed the trial court to accept the bail bond upon receipt of the deposit.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the alleged liquor offence and his prior criminal antecedents
- Whether the conditions imposed by the court are appropriate to ensure the petitioner’s appearance and prevent misuse of bail
Legislation cited
- B.N.S. — s. 111, 317(5)
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- criminal antecedents
- conditions of bail
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89327 of 2025
Arising Out of PS. Case No.-144 Year-2025 Thana- KATEYA District- Gopalganj
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Kailash Chaudhary @ kailas Chaudhary @ Ram Kailash Chaudhary @
Ramkailash Yadav son of Late Bairistar yadav @ Late Balister Chaudhary @
Late Balister Yadav @ Late Balistar Yadav Resident of Village -Bankatiya
Tola Tand (Bankatia Tola Tar) PS -Kateya District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lokesh Kumar Singh, Adv.
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 07-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Kateya P.S. Case No. 144 of 2025 registered for
the offence(s) punishable under Section(s) 30(a) of the Bihar
Prohibition and Excise Act and Sections 317(5) and 111 of the
B.N.S.
3. As per the prosecution case, total 621 litres of
country made liquor was recovered from the Scorpio car.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. It is further submitted that the petitioner is neither the
owner nor the driver of the seized vehicle and he has no concern
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with the consignment loaded in the said vehicle. Learned
counsel has further been submitted that the petitioner was not
apprehended at the place of occurrence. It has further been
submitted that no recovery has been made from the conscious
possession of the petitioner. It has lastly been submitted that the
petitioner has five criminal antecedents in which he is on bail
and the petitioner is in custody since 25.10.2025.
5. The petitioner is willing and undertakes to deposit a
sum of Rs. 10,000/- with the Advocate Association, Patna High
Court.
6. The learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
7. Regard being had to the facts and circumstances of
the case and taking note of the fact that the petitioner has
remained in custody since 25.10.2025, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned court below where the
case is pending/successor court in connection Kateya P.S. Case
No. 144 of 2025, subject to the following terms and
conditions :-
(i) One of the bailors shall be a close relative of the
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petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will liable to be cancelled by the Court concerned.
(iv) If the petitioner, in future, is found to be involved
in similar nature of offence(s), the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
(vi) In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of Police,
Gopalganj within fifteen (15) days of his release with a copy of
this order and every two weeks thereafter for the next nine months.
The conduct of the petitioner with be kept under watch in this
period by the concerned Superintendent of Police and if it is found
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wanting in any respect, a report shall be made to the Court
concerned by him to initiate a proceeding for cancellation of bail
of the petitioner for reasons of misuse of bail. After reporting to
the Superintendent of Police, a certificate will be filed by the
petitioner before the Court concerned.
8. The bail bond of the petitioner shall be accepted by
the learned Trial Court on showing receipt of deposit of
aforesaid amount with the Advocate Association, Patna High
Court.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Gautam/-
U
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