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Patna High Court

Chhotu Kumar Chaudhary @ Chhotu ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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