Patna High Court

Vishal Kumar Chaudhary @ Vishal KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail may be granted in the present case, subject to monetary bond and compliance conditions.

Summary

Vishal Kumar Chaudhary was arrested in connection with the seizure of 35 litres of country‑made liquor from a motorcycle, alleged to violate Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, was not the owner of the motorcycle, and no incriminating material was found in his possession, although he has six prior criminal antecedents. The State opposed the bail application, arguing the seriousness of the offence. The Court examined the facts, the period of custody since 16‑10‑2025, and the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these circumstances, the Court decided to grant bail subject to a bond of Rs.15,000 and two sureties, with specific conditions regarding family surety and trial attendance. The bail order was conditioned on the petitioner appearing on all trial dates, with cancellation possible after two consecutive defaults.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents and the nature of the alleged offence.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
prior antecedents
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90459 of 2025
                   Arising Out of PS. Case No.-457 Year-2025 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Vishal Kumar Chaudhary @ Vishal Kumar S/o Dev Raj Chaudhary @ Kallu
                 Chaudhary Resident of - Ratanpur (Nilami Kothi), P.S - Bhagwan Bajar,
                 District - Saran
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Mirtunjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :      Mr.Pradeep Narain Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Bhagwan Bazar P.S. Case No. 457 of 2025, instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that total 35 liters

                   of country made liquor was recovered from 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. The petitioner is

                   not the owner of the motorcycle. The name of the petitioner has

                   been disclosed by the local people. The petitioner is in custody
           Patna High Court CR. MISC. No.90459 of 2025(2) dt.12-01-2026
                                                       2/2




                     since 16.10.2025 and has got six criminal antecedents. There is

                     no compliance of Section 103 of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023.

                                  5. Learned APP 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, after framing

                     of charge, if not already framed, on furnishing bail bonds of

                     Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Bhagwan Bazar P.S. Case No. 457 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.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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