Bhim Chaudhary @ Arvind KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13915 of 2026
                    Arising Out of PS. Case No.-12 Year-2026 Thana- AURANGABAD TOWN District-
                                                       Aurangabad
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                 Bhim Chaudhary @ Arvind Kumar S/o- Late Kohan Chaudhary Resident of
                 village- Biratpur Chaudhary Mohallah P.S- Town Dist-Aurangabad
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Pramendra Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr. Shyameshwar Dayal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 317(5) and

                   3(5) of the BNS as well as Section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases out of which two cases

                   are under the Excise Act and allegation is of recovery of 8.2

                   litres of liquor from the house of Bhim Chaudhary, one litre of

                   liquor from a motorcycle and one more motorcycle was seized.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted
Patna High Court CR. MISC. No.13915 of 2026(2) dt.12-03-2026
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          that petitioner came to be implicated based on the fact that he is

          owner of one of the seized vehicles. It is next submitted that no

          prudent person would use his own vehicle for committing an

          occurrence and, thus, would create evidence against himself

          and, hence, would get implicated. It is also submitted that the

          house in question is a joint family property, as such, it cannot be

          alleged with certainty that it was the petitioner who had kept the

          liquor in the house or the liquor kept in the house was within his

          knowledge and after amendment in the Excise Act in the year

          2018, the concept of deemed possession and presumed offender

          has been done away with. It is further submitted that petitioner

          came to be implicated based on the secret information which is

          the easiest way to implicated someone. It is next submitted that

          once an accused is implicated in a case relating to excise the

          police start implicating mechanically either at the instance of the

          Chawkidar, local person, secret information or confessional

          statement without holding a proper investigation of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner, above-named, in the

          event of his arrest or surrender within a period of six weeks
           Patna High Court CR. MISC. No.13915 of 2026(2) dt.12-03-2026
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                     from today, be released on provisional anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Rupees Fifteen 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 Aurangabad Town P.S. Case No. 12 of

                     2026, subject to the conditions as laid down under Section

                     438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  7. It is made clear that thereafter the learned Trial

                     Court shall verify the criminal antecedent of the petitioner and if

                     it is found that petitioner has antecedent of more than three

                     cases, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only three cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T