Patna High CourtCR. MISC./15931/2026allowed

Hari Kishor Chaudhary v. The State Of Bihar

2026-03-12Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15931 of 2026 Arising Out of PS. Case No.-38 Year-2026 Thana- SAHAJITPUR District- Saran ====================================================== Hari Kishor Chaudhary S/O Late Jagarnath Chaudhary Resident Of VillageMaedhuka, Police Station- Sahajitpur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mili Kumari, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of Bihar Prohibition and Excise Act.

3. The case of the prosecution is that behind the house of the petitioner, altogether 15 liters of country made liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the nothing has been recovered from the possession of the petitioner rather the recovery of liquor has been made behind the house of the petitioner. The seizure list witness is police personnel and police

Patna High Court CR. MISC. No.15931 of 2026(2) dt.12-03-2026 2/2 has not complied section 105 of BNSS while preparing seizure. Moreover, he is languishing in judicial custody since 17.02.2026

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that petitioner is having criminal antecedent of two cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sahajit P.S. Case No. 38 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge Saran at Chapra.

(Ashok Kumar Pandey, J) Shubham/- U T