Subhash Kumar Choudhary @ Subhash Choudhary v. The State of Bihar
CR. MISC./30526/2026 · 2026-05-07
Anil Kumar Sinha
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 13471 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13471 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30526 of 2026 Arising Out of PS. Case No.-341 Year-2025 Thana- Sahayak Khajanchi District- Purnia ====================================================== Subhash Kumar Choudhary @ Subhash Choudhary son of Late Sudeshwar Prasad Choudhary Resident of Shivpuri PS- Sahayak Khajanchi, Dist- Purnia Presently Residing At A-402 NTPC Apartemtn Phase I Ashiana nagar Ps- Rajiv nagar, Po- Ashiana nagar, patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Mr. Kaushal Kumar For the Opposite Party/s : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 07-05-2026
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Sahayak Khajanchi Police Station Case No. 341 of 2025, dated 07.10.2025, disclosing offences under Sections 30(a), 37(c) of the Bihar Prohibition and Excise Act. 3. The prosecution story, as per the First Information Report, is that the police, on the basis of secret information that some persons were having a party along with liquor in the house of the petitioner situated at Purnia, raided the house and recovered 1.350 litres of illicit liquor and empty
Patna High Court CR. MISC. No.30526 of 2026(2) dt.07-05-2026 2/3 bottles of liquor and arrested five persons aged between 25 to 27 years. The petitioner has been made accused on the basis of the fact that he happens to be the owner of the house, in question. 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case only because he happens to be the owner of the house, which was let out by the petitioner in favour of the co- accused persons on monthly rent. He next submits that the petitioner is an engineer and has retired from NTPC, Barh, and has been residing permanently at Patna in the NTPC Phase-I, Ashina Nagar Apartments. He further submits that the students, who were residing in the house, in question, of the petitioner at Purnia, have been granted regular bail by the court below itself. 5.
Regards being had to the submissions made on behalf of the parties and taking into consideration the defence of the petitioner that the house was let out to the students on monthly rent and only empty bottles of liquor along with a small quantity of liquor were recovered and the persons residing in the house were arrested, I am inclined to grant the petitioner the privilege of anticipatory bail. Patna High Court CR. MISC. No.30526 of 2026(2) dt.07-05-2026 3/3
6. This application is, accordingly, allowed. 7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court 1, Purnia, in connection with Sahayak Khajanchi Police Station Case No. 341 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T