Lal Bihari Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13260 of 2026 Arising Out of PS. Case No.-7 Year-2026 Thana- Excise Dumraon District- Buxar ====================================================== 1.

Lal Bihari Choudhary S/o Late Ram Prasad Choudhary Resident of village - Ward No. 4, Purana Bhojpur, Police Station-Naya Bhojpur, District - Buxar. 2.

Pappu Kumar Choudhari S/o Dhanraj Choudhari Resident of village - Ward No. 4, Purana Bhojpur, Police Station-Naya Bhojpur, District - Buxar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Rai Sharma, Advocate For the Opposite Party/s :

Mr.Uday Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Dumraon (Excise) P.S. Case No. 7 of 2026, 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 1.260 liters liquor was recovered from two plastic bags. Both the petitioners were arrested on the spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.13260 of 2026(2) dt.24-02-2026 2/3 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners further submitted that the recovery has been made from open place, which is accessible to public at large. The petitioners are in custody since 29.01.2026 and petitioners have got two criminal antecedents. 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 petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dumraon (Excise) P.S. Case No. 7 of 2026, subject to the following conditions: (I) One of the bailors shall be the petitioners' own or close member.

(II) The petitioners shall appear on each and every date fixed during the trial and shall not remain absent on two

Patna High Court CR. MISC. No.13260 of 2026(2) dt.24-02-2026 3/3 consecutive dates without sufficient cause.

(III) The petitioners shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioners.

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