Patna High Court
Mohan Chaudhary @ Mohan ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
Mohan Chaudhary was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 35 litres of country‑made liquor were recovered from his residence. The petitioner claimed he had no conscious possession of the liquor, asserting that the recovery was from a joint family house and that he was falsely implicated. He had been in custody since 14‑12‑2025 and possessed three prior criminal convictions, and the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the High Court, after considering the facts and the lack of direct incriminating material, decided to grant bail. The court ordered the petitioner to be released on a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the recovery of liquor from a joint house, prior criminal antecedents, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- possession of illicit liquor
- criminal antecedent
- Section 103
- Bihar
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.975 of 2026
Arising Out of PS. Case No.-454 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Mohan Chaudhary @ Mohan Chauhan Son of Late Bandho Chaudhary
Resident of Village - Chamotha, P.S.- Sirdalla, 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.Jharkhandi Upadhyay, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sirdalla P.S. Case No. 454 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 total 35 liters
of country made liquor was recovered from the house of the
petitioner.
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. Learned counsel
Patna High Court CR. MISC. No.975 of 2026(2) dt.19-01-2026
2/2
for the petitioner further submitted that the recovery has been
made from joint house of the petitioner, where other family
members also reside. The petitioner is in custody since
14.12.2025 and has got three criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
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 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 on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sirdalla P.S. Case
No. 454 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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