Bachendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51336 of 2026 Arising Out of PS. Case No.-443 Year-2025 Thana- MASHRAK District- Saran ====================================================== Bachendra Chaudhary S/O Late Hotilal Chaudhary R/O Village- Sikary Bhikhm, P.S.- Mashrakh, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar Tiwary For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2026 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases under the Excise Act and is in custody since 16-6-2026 and allegation is of recovery of 37 litres of liquor along with 1760 litres of semi-manufactured liquor from a place near the house of the petitioner and 150 litres of semi-manufactured liquor from a place near the house of Rajendra Chaudhary.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.51336 of 2026(2) dt.24-07-2026 2/2 recovered from his conscious possession and even the alleged recovery of is from a place which does not belong to the petitioner but then is adjacent to his house and he came to be implicated at the instance of Chowkidar with whom he is on an inimical term. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.

5.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6.

Considering the submission made by learned counsel for the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mashrakh P.S. Case No. 443 of 2025.

(Satyavrat Verma, J) Sumit/- U T