Patna High Court

Birendra ChaudharyversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Birendra Chaudhary, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacturing of liquor, with 34 litres of illicit liquor recovered from a house. The petitioner contended that the house from which the liquor was seized does not belong to him, that he had no conscious physical possession of the liquor, and that the search violated Section 100(4) of the Criminal Procedure Code. The State opposed the bail application. The Court examined the prima facie lack of possession by the petitioner, noted his clean antecedent, and considered the procedural lapse in the search. Relying on Section 482(2) of the BNSS, the Court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was conditioned on compliance with the stipulated terms and the pending trial in the Exclusive Special Excise Court.

Issues considered

Whether the recovery of illicit liquor can be attributed to the petitioner absent proof of conscious possession
Whether non‑compliance with Section 100(4) of the Cr.P.C. affects the grant of bail
Whether bail may be granted under Section 482(2) of the BNSS in the present circumstances

Legislation cited

Code of Criminal Procedure, 1973 — s. 100(4)

Subjects

bail
illegal liquor
possession
procedural lapse
Bihar Prohibition and Excise Act
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9664 of 2026
                      Arising Out of PS. Case No.-236 Year-2025 Thana- BRAHMPUR District- Buxar
                 ======================================================
                 Birendra Chaudhary S/o Banvari Chaudhary Resident of Village- Gayghat,
                 P.S.- Brahampur, District- Buxar.                      ... ... Petitioner/s
                                                   Versus
                 The State of Bihar.                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Akhilesh Kr Pandey, Advocate
                 For the Opposite Party/s :       Mr.Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                2. The accused/petitioner apprehending his arrest in

                   connection with Brahampur P.S. Case No. 236 of 2025 registered

                   for the offences punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. The allegation against the petitioner is to be engaged

                   in illegal trading/manufacturing of illicit liquor, where, there is

                   recovery of 34 litres of IMFL/Mahua liquor from the house.

                                4. Learned counsel appearing on behalf of the petitioner

                   submitted that the alleged recovery appears to be made from the

                   house which is not connected in any manner with this petitioner. It

                   is further submitted that the compliance of Section 100(4) of

                   Cr.P.C. not appears to be followed in present case regarding
            Patna High Court CR. MISC. No.9664 of 2026(2) dt.17-02-2026
                                                        2/2




                      search of premises. It is further submitted that alleged house not

                      belongs to this petitioner, and as such, it can be safely said that

                      recovery of alleged illicit liquor not appears to be made from his

                      conscious physical possession, who is a man of clean antecedent.

                                   5. Learned APP opposed the prayer of bail.

                                   6. Considering the aforesaid facts and circumstances as

                      recovery of illicit liquor prima facie not appears to be made from

                      the conscious physical possession of this petitioner, who is a man

                      of clean antecedent, accordingly, above named petitioner, in the

                      event of his arrest or surrender before the learned trial Court,

                      within a period of four weeks of the order, is directed to be

                      released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Exclusive Special Excise Court No. 2,

                      Buxar/concerned Court, where the case is pending in connection

                      with Brahampur P.S. Case No.                236 of 2025, subject to the

                      conditions as laid down under Section 482(2) of the BNSS.



                                            (Chandra Shekhar Jha, J)
veena/-
U       T

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