Patna High Court
Chhotu Kumar Chaudhary @ Chhotu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Chhotu Kumar Chaudhary, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 75 litres of country-made liquor recovered from a motorcycle. He claimed innocence, stating he neither owned the motorcycle nor had any knowledge of the liquor, and that his name was implicated through secret information. The State opposed bail, citing ten prior criminal antecedents and non‑compliance with Section 103 of the BNSS, 2023. The court considered the facts, the period of custody since 08‑Oct‑2026, and the lack of incriminating material in the petitioner's possession, and decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions including family surety, regular court appearances, non‑tampering with evidence, no commission of similar offences, and restriction on leaving the jurisdiction.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite ten prior criminal antecedents
- Whether the non‑compliance with Section 103 of the BNSS, 2023, precludes the grant of bail
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedents
- BNSS 2023
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9713 of 2026
Arising Out of PS. Case No.-571 Year-2025 Thana- HISUWA District- Nawada
======================================================
Chhotu Kumar Chaudhary @ Chhotu Chaudhary S/o Kameshwar Chaudhary
Resident Of Village- Ichua, Ps- Nardiganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Hisua
PS Case No. 571 of 2025 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 75 liters
country made liquor was recovered from motorcycle.
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 submitted
that petitioner is not the owner of the motorcycle and he has no
Patna High Court CR. MISC. No.9713 of 2026(2) dt.12-02-2026
2/3
concern with the same. Name of the petitioner has transpired in
this case on the basis of secret information. The petitioner is in
custody since 08.10.2026 and has got ten (10) criminal
antecedent/s. There is no compliance of Section 103 of the
BNSS, 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, after framing
of charge, if not already framed, 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 Hisua PS Case No. 571 of 2025, subject to
the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
Patna High Court CR. MISC. No.9713 of 2026(2) dt.12-02-2026
3/3
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
(V) Petitioner shall not leave the territorial
jurisdiction of the learned Court below without taking prior
permission of the court concerned.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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