Lalli Choudhary @ Lali Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11052 of 2026 Arising Out of PS. Case No.-277 Year-2025 Thana- AWTARNAGAR District- Saran ====================================================== Lalli Choudhary @ Lali Choudhary S/O Bindu Choudhary R/O Village -Mirjapur, P.s.- Awatar Nagar, Dist.- Saran.
... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in connection with Awtar Nagar P.S. Case No. 277 of 2025 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, allegation against the petitioner is that the police on secret information came to know that the named three accused persons including the petitioner were selling 26 liters of wine near the poultry farm.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated. He was not apprehended at the place of occurrence. It has been submitted that no recovery has been made from the conscious possession of the petitioner and admittedly the recovery has been made from a
Patna High Court CR. MISC. No.11052 of 2026(2) dt.17-02-2026 2/3 bush which does not belong to the petitioner. The petitioner has no criminal antecedent.
5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his/her/their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise 1, Saran at Chapra in connection with Awtar Nagar P.S. Case No. 277 of 2025, subject to the conditions as laid down under Section 482 of the BNSS and subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner;
(ii) the petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court;
(iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will liable to be cancelled by the Court concerned;
Patna High Court CR. MISC. No.11052 of 2026(2) dt.17-02-2026 3/3 (iv) the Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.
(v) the Court below shall verify the criminal antecedent of the petitioner registered for the offence under Section 30A of the Bihar Prohibition and Excise Act and, in case at any stage it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for the purpose of the same or in the name of verification.
7.It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) krishna/- U T