Patna High Court

Sulo Chaudhary @ Surendra ChaudharyversusThe State of Bihar

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

Holding

Bail is warranted where the recovery of illicit liquor is not shown to be in the petitioner's conscious physical possession.

Summary

The petitioner, Sulo Chaudhary, was named in an FIR for alleged illegal trading and manufacturing of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 29 litres of liquor recovered from his jointly occupied house. He contended that the liquor was not in his conscious physical possession, that the seizure list was doubtful, and that there were no independent witnesses to the recovery. The State opposed his bail application. The Court observed that the recovery did not appear to be from the petitioner's conscious possession and noted the lack of corroborative evidence. Accordingly, the Court directed that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order was to be effected within four weeks of surrender or arrest.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the seizure.
Whether the recovery of illicit liquor establishes the petitioner's conscious physical possession.

Legislation cited

BNSS — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
illicit liquor
Bihar Prohibition and Excise Act
conscious possession
seizure
Criminal Procedure Code
BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9880 of 2026
                      Arising Out of PS. Case No.-332 Year-2025 Thana- SIKANDRA District- Jamui
                 ======================================================
                 Sulo Chaudhary @ Surendra Chaudhary Son of Nunulal Chaudhary Resident
                 of Village - Mirganj, Police Station - Sikandra, District - Jamui.
                                                                                  ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pankaj Kumar Sinha
                 For the Opposite Party/s :       Mr.Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-02-2026                    Heard the parties.

                                   2. The accused/petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Sikandra P.S. Case No.

                   332 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

                   engage in illegal trading/manufacturing of illicit liquor, where,

                   there is recovery of 29 litres of IMFL/country made liquor.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submitted that recovery of illicit liquor was made from

                   the house of the petitioner, which was jointly occupied by other

                   family members. It is submitted that recovery is not made from

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

                   clean antecedent. It is also submitted that seizure list appears
               Patna High Court CR. MISC. No.9880 of 2026(2) dt.17-02-2026
                                                           2/2




                         doubtful being not supported by independent witnesses rather by

                         police personnels.

                                         5. Learned APP, opposes the prayer for bail.

                                         6. In view of the facts and circumstances as

                         mentioned above as recovery of illicit liquor not appears to be

                         made from the conscious physical possession of this petitioner,

                         accordingly the petitioner above named, in the event of his arrest

                         or surrender before the learned trial court within a period of four

                         weeks, is directed to be released on bail, furnishing bail bond of

                         Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the

                         like amount each to the satisfaction of the learned            Exclusive

                         Excise Court-II, Jamui/concerned trial court where the case is

                         pending in connection with Sikandra P.S. Case No. 332 of 2025

                         subject to the conditions as laid down under Section 438(2) of the

                         Cr.P.C./ Section 482(2) of the BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-
U       T

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