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Patna High Court

Naresh ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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