Patna High Court
Biranj Chaudhary @ Viran ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail upon furnishing the prescribed bond and sureties.
Summary
The petitioner, Biranj Chaudhary, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition & Excise Act for alleged illegal liquor manufacture. The prosecution alleged that a police raid recovered illicit liquor and related items, but the petitioner claimed innocence, stating he was not present at the scene, no contraband was found on him, and the seizure procedure violated Section 105 of the BNSS. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the court considered the lack of direct evidence against the petitioner and his prolonged custody since December 2025. The court ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Special Judge, Excise‑I, Gaya.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offence under the Bihar Prohibition & Excise Act.
- Whether the seizure of liquor complied with procedural requirements of Section 105 of the BNSS.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition & Excise Act
- illegal liquor
- seizure procedure
- Section 105 BNSS
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9631 of 2026
Arising Out of PS. Case No.-1245 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Biranj Chaudhary @ Viran Chaudhary S/O Santan Chaudhary R/O village-
Bhadeji, P.S.- Muffasil, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Muffasil P.S. Case No. 1245 of 2025 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
& Excise Act.
3. The case of the prosecution, in brief, is that the
police received information that illegal liquor was being
manufactured in village Bhadeji Tand. Acting on this
information, the informant along with his associates reached the
village and conducted a raid in a mango orchard. During the
raid, 20 liters of illicit country-made liquor and 2 kg of
Salmoniac tablets were recovered. Further, approximately 1800
liters of semi-prepared illicit liquor was found at the spot and
Patna High Court CR. MISC. No.9631 of 2026(3) dt.07-04-2026
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was destroyed.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the name of this petitioner has
surfaced on the statement of local chowkidar. He was not
apprehended at the place of occurrence. Nothing was recovered
from the possession of this petitioner. He also submits that the
witnesses of the seizure list are police personnel and the police
has not complied with Section 105 of the BNSS while making
the seizure. He further submits that the petitioner is languishing
in judicial custody since 06.12.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Judge, Excise-I, Gaya Jee in connection with
Patna High Court CR. MISC. No.9631 of 2026(3) dt.07-04-2026
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Muffasil P.S. Case No. 1245 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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