Patna High Court
Naresh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Naresh Chaudhary, was arrested after 15 litres of liquor were recovered from his house in connection with an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, lack of incriminating material in his possession, and that his arrest was based merely on suspicion. The petitioner also highlighted the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and his clean criminal record. The State opposed the bail. Considering the facts, the period of custody, and the absence of strong evidence, the Court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs. 15,000 with two sureties.
Issues considered
- Whether bail should be granted in an offence under Section 30(a) of the Bihar Prohibition and Excise Act when the accused has been in custody for a short period, has no prior record, and the recovery was from a joint house.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- excise
- prohibition act
- Section 30(a)
- Section 103
- criminal procedure
- suspicion
- custody
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91308 of 2025
Arising Out of PS. Case No.-755 Year-2025 Thana- Excise P.S. District- Lakhisarai
======================================================
Naresh Chaudhary Son of Late Etwari Chaudhary R/o Village - Tetarhat,
Ward No.- 09, P.S.- Tetarhat, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, 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 Excise
P.S. Case No. 755c2 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 15 liters
liquor was recovered from the house of the petitioner and he
was arrested on spot.
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
Patna High Court CR. MISC. No.91308 of 2025(2) dt.19-01-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner has been
arrested only on the basis of suspicion. It is further submitted
that the alleged recovery has been made from the joint house of
the petitioner. The petitioner is in custody since 17.11.2025 and
has got no criminal antecedent. 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 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 Excise P.S. Case No.
755c2 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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