Patna High Court
Bablu ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to specified conditions and a bond of Rs.10,000.
Summary
The petitioner, Bablu Chaudhari, was arrested after 31 litres of illicit country-made liquor were recovered from a roadside location where he was allegedly attempting to flee. He is charged under Section 30(a) of the Bihar Prohibition and Excise Act and has three prior criminal antecedents, for which he is currently out on bail. The petitioner contended that he was merely a passerby and had no involvement with the seized liquor, offering to deposit a sum with the Advocate Association. The State opposed bail, citing the seriousness of the offence and his criminal record. The High Court, after considering the circumstances and the length of his pre‑trial detention, granted bail on a bond of Rs.10,000 with two sureties and imposed several conditions, including regular reporting to the Superintendent of Police. The order also directed the trial court to accept the bail bond upon receipt of the deposit and clarified that any observations in the order would not affect the trial.
Issues considered
- Whether bail should be granted to a person charged under Section 30(a) of the Bihar Prohibition and Excise Act despite alleged involvement in illicit liquor possession.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether the conditions imposed by the court are appropriate for ensuring the petitioner’s appearance and preventing misuse of bail.
Subjects
- bail
- excise
- illicit liquor
- criminal antecedents
- Bihar Prohibition and Excise Act
- Section 30(a)
- conditions of bail
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89530 of 2025
Arising Out of PS. Case No.-917 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Bablu Chaudhari Son of Umesh Chaudhari R/o Village - Andharbari, P.S.-
Rajauli, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Verma, Adv.
For the Opposite Party/s : Ms. Pushpa Sinha, 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 Excise P.S. Case No. 917 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, the petitioner was
apprehended from the road side when he was trying to flee and
on search, total 31 litres of illicit country made liquor was
recovered.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated as he
was merely a passerby and admittedly the liquor was recovered
from an open place which is accessible to anyone. Learned
Patna High Court CR. MISC. No.89530 of 2025(2) dt.07-01-2026
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counsel has further submitted that the petitioner has no concern
with the seized liquor. It has lastly been submitted that the
petitioner has three criminal antecedents in which he is on bail
and the petitioner is in custody since 10.11.2025.
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 10.11.2025, 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 Excise P.S. Case
No. 917 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
Patna High Court CR. MISC. No.89530 of 2025(2) dt.07-01-2026
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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,
Nawada 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
Patna High Court CR. MISC. No.89530 of 2025(2) dt.07-01-2026
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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 T
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