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Patna High Court

Vinay Chaudhary @ Vinay ChaudhariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted despite the petitioner’s antecedents, provided strict conditions are imposed to ensure his presence and prevent misuse of liberty.

Summary

The petitioner, Vinay Chaudhary, was arrested in connection with a case alleging possession of 8 litres of illicit country‑made liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he had no knowledge of or control over the liquor found in the motorcycle’s dickey and asserted his innocence, while the prosecution highlighted his two prior similar criminal antecedents. The petitioner offered to deposit a monetary guarantee and the court considered the length of his pre‑trial custody since October 2025. After weighing the facts, the court granted bail on a bond of Rs 10,000 with two sureties and imposed several conditions, including regular reporting to the Superintendent of Police and strict compliance with trial attendance. The order emphasized that the bail conditions could be cancelled for non‑compliance or if the petitioner is later found involved in similar offences.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.
  • Whether the petitioner’s claim of lack of possession of the seized liquor is sufficient to deny bail.

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal antecedents
  • conditions of bail
  • pre‑trial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89474 of 2025
                       Arising Out of PS. Case No.-707 Year-2025 Thana- BODHGAYA District- Gaya
                 ======================================================
                 Vinay Chaudhary @ Vinay Chaudhari S/O Late Mahendra Chaudhary R/O
                 Village - Moratal, P.s.- Bodhgaya, District -Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Durgesh Nandan, 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 Bodhgaya P.S. Case No. 707 of 2025 registered

                   for the offence(s) punishable under Section(s) 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per the prosecution case, total 8 litres of illicit

                   country made liquor was recovered from the dickey of the

                   motorcycle.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in this

                   case. It has further been submitted that the petitioner has no

                   concern with the seized liquor loaded on a motorcycle. It has

                   further been submitted that no recovery has been made from the
Patna High Court CR. MISC. No.89474 of 2025(2) dt.07-01-2026
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          conscious possession of the petitioner. It has lastly been

          submitted that the petitioner has two criminal antecedents of

          similar nature and he is in custody since 08.10.2025.

                        5. The petitioner is willing and undertakes to deposit a

          sum of Rs. 5,000/- 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 08.10.2025, 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 Bodhgaya P.S.

          Case No. 707 of 2025, subject to the following terms and

          conditions :-

                        (i) One of the bailors shall be a close relative of the

          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.
Patna High Court CR. MISC. No.89474 of 2025(2) dt.07-01-2026
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                       (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,

          Gaya 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

          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
           Patna High Court CR. MISC. No.89474 of 2025(2) dt.07-01-2026
                                                       4/4




                     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     T


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