Patna High Court
Baiju Chaucdhary @ Baiju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Baiju Chaudhary, was arrested in connection with a case alleging possession of 180 liters of liquor and a motorcycle, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that the recovered liquor was not in his conscious possession, and that the motorcycle did not belong to him. The prosecution argued that the seized items were linked to his residence. The court noted the petitioner’s custody since 23‑10‑2025, his prior criminal antecedent, and the lack of compliance with Section 103 of the B.N.S.S., 2023, but found the material insufficient to deny bail. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts and the period of custody.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92070 of 2025
Arising Out of PS. Case No.-153 Year-2025 Thana- Nawalpur District- West Champaran
======================================================
Baiju Chaucdhary @ Baiju Kumar Son of Hiralal Chaudhary Resident of
village -Nawalpur Ward No 07, PS -Nawalpur, Distt -West champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Niraj Kumar Sharma, Advocate
For the Opposite Party/s : Mrs.Sharda 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 Nawalpur P.S. case No.
153 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 18.180 liters
liquor was recovered from petitioner’s house. One motorcycle
was recovered from the 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 no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.92070 of 2025(2) dt.19-01-2026
2/2
further submitted that local chowkidar disposed the name of the
petitioner. The petitioner is not the owner of the motorcycle in
question. The petitioner is in custody since 23.10.2025 and has
got one criminal antecedent. There is no compliance of Section
103 of B.N.S.S., 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nawalpur P.S. case
No. 153 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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