Patna High Court

Vikash chaudhary @ VikashversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Vikash Chaudhary, sought anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 135 litres of illicit liquor were seized, including 30 litres allegedly recovered from his lane. He contended that his name was implicated solely on the basis of statements by local residents and that he had no involvement in the seizure, despite having four prior criminal records. The State opposed the bail, emphasizing the seriousness of the offence and the petitioner’s antecedents. The Court noted the petitioner’s criminal history and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and held that the case was not suitable for anticipatory bail. Consequently, the petition for anticipatory bail was rejected, with the Court directing that if the petitioner surrenders within six weeks, a regular bail application may be considered on its merits.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act in view of the alleged liquor seizure
Whether the petitioner’s prior criminal antecedents and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, preclude anticipatory bail

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
liquor seizure
criminal antecedent
Section 103
Bharatiya Nagarika Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.9763 of 2026
                       Arising Out of PS. Case No.-341 Year-2025 Thana- DORIGANJ District- Saran
                 ======================================================
                 Vikash chaudhary @ Vikash Son of Late Naresh Chaudhary @ Late Naresh
                 Chaudhari Resident Of Village- Bhairopur Nizamat Police Station- Doriganj
                 District -Saran
                                                                          ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Mili Kumari, Advocate
                 For the Opposite Party/s :       Mr.Rajesh Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner apprehends his arrest in connection with

                   Doriganj P.S. Case No. 341/2025 instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that total 135 litres of

                   liquor was recovered out of which 85 litres liquor was recovered

                   from bush adjacent to the house of the co-accused. It is alleged

                   that 30 litres of country made liquor was recovered from Gali

                   (Lane), which belongs to the petitioner and one Niraj

                   Choudhary.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of
           Patna High Court CR. MISC. No.9763 of 2026(2) dt.13-02-2026
                                                       2/2




                     statement made by local people. The petitioner has got no

                     concern with the alleged recovery of liquor. The petitioner has

                     four criminal antecedents. There is no compliance of Section

                     103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned

                     counsel for the petitioner further submits that other co-accused

                     has been granted anticipatory bail by this Bench vide order

                     dated 09.02.2026 passed in Cr. Misc. No. 83521 of 2025.

                             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 taking into account the criminal antecedent of the

                     petitioner of similar nature, in my view, this is not a fit case for

                     anticipatory bail.

                             7. Accordingly, the prayer for grant of anticipatory bail to

                     the petitioner is, hereby, rejected.

                             8. However, if the petitioner surrenders before the learned

                     court below within a period of six weeks from today and prays

                     for regular bail, the same shall be disposed of on its own merit

                     without being prejudiced by this order.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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