Patna High Court
Vishal Kumar Chaudhary @ Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Vishal Kumar Chaudhary was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 40 litres of country‑made liquor from a motorcycle. The petitioner claimed he was not the owner of the motorcycle, that no incriminating material was found in his possession, and that he had been falsely implicated. He had been in custody since 17‑09‑2025 and possessed six prior criminal convictions, and the prosecution argued that he was not entitled to bail. The State opposed bail, citing the petitioner’s antecedents and alleged non‑compliance with Section 103 of the BNSS, 2023. The Court, after considering the facts and the period of custody, granted bail on the condition of a Rs.15,000 bond with two sureties, one of whom must be a close family member, and imposed conditions regarding appearance and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering his criminal antecedents and the circumstances of the case.
- Whether the non‑compliance with Section 103 of the BNSS, 2023, bars the grant of bail.
- Whether the petitioner’s alleged lack of ownership of the motorcycle and absence of incriminating material in his possession affect the bail decision.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedents
- Section 103 BNSS 2023
- possession of illicit liquor
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90110 of 2025
Arising Out of PS. Case No.-406 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Vishal Kumar Chaudhary @ Vishal Kumar S/o- Dev Raj Chaudhary @ Kallu
Chaudhary R/v- Bank Colony, Ratnpura Ps- Bhagwan Bajar Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar Tiwary, Adv.
For the Opposite Party/s : Mr. Asha Kumari, 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 Bhagwan
Bazar PS Case No. 406 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 40 liters of
country made liquor was recovered from the motorcycle.
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. Learned counsel
for the petitioner submits that the petitioner is not the owner of
Patna High Court CR. MISC. No.90110 of 2025(2) dt.19-01-2026
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the said motorcycle and has been implicated in this case by the
police with ulterior motive. The petitioner is in custody since
17.09.2025 and has got six criminal antecedents. There is no
compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner. The petitioner has
six criminal antecedents and he does not deserve bail.
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, after framing of
charge, if not already framed, 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 Bhagwan Bazar PS Case No. 406 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
Patna High Court CR. MISC. No.90110 of 2025(2) dt.19-01-2026
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(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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