Patna High Court

Vinod ChaudhariversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Vinod Chaudhari was arrested after 305 litres of illicit liquor (tadi) were recovered from a vehicle he owned in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the contraband, no incriminating material was found in his possession, and he had no prior criminal record. He also argued that the investigation failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and that prima facie no case was made out against him. The State opposed the grant of anticipatory bail. The Court, after considering these submissions, ordered that the petitioner be released on anticipatory bail if he surrenders within six weeks, subject to a bail bond of Rs.15,000 and two sureties, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita. The order thus provides conditional relief pending further proceedings.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the absence of incriminating material and lack of knowledge of the contraband justify granting bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
prohibition act
excise
Section 30
Section 482
criminal procedure
vehicle ownership
possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9237 of 2026
                    Arising Out of PS. Case No.-1055 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Vinod Chaudhari Son of Baleshwar Chaudhari Resident of Village- Guriyava
                 PS -Mohanpur District -Gaya
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rabindra Kumar Priyadarshi, Advocate
                 For the Opposite Party/s :      Mr.Khurshid Anwar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   05-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner has apprehend his arrest in connection

                   with Mufassil P.S. Case No. 1055 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 305 liters Tadi

                   was recovered from auto and the petitioner 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

                   no concern with the alleged recovery of Tadi. Learned counsel

                   for the petitioner also submits that the petitioner is owner of the
           Patna High Court CR. MISC. No.9237 of 2026(2) dt.05-02-2026
                                                       2/2




                     auto in question and he has no knowledge regarding goods

                     loaded on the vehicle by the driver. The petitioner has no

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarika Suraksha Sanhita, 2023.           Learned

                     counsel for the petitioner, therefore, contends that prima-facie

                     no case is made out against the petitioner.

                             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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory 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 Mufassil P.S. Case

                     No. 1055 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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