Patna High Court
Binod ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Binod Chaudhary, sought anticipatory bail fearing arrest under Sections 317(5) and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that the liquor and vehicles seized were not in his conscious possession, the house was a joint family property, and the amended Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.25,000 with two sureties, subject to verification of the petitioner’s criminal antecedent within six weeks. If more than five prior cases are found, the bail may be withdrawn; if only five, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the concepts of deemed possession and presumed offender, removed by the 2018 amendment to the Excise Act, affect the bail application.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5), 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- excise law
- deemed possession
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13968 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Binod Chaudhary Son of Late Kohan Chaudhary Resident of Village -
Biratpur Chaudhary, Resident of Muhallah, P.S. - Town, Dist. - Aurangabad
(Bihar), PIN - 824101.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramendra Kumar Singh
For the Opposite Party/s : Mr.Shyameshwar Dayal
======================================================
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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases out of which four 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.13968 of 2026(2) dt.12-03-2026
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that petitioner is not the owner of any of the seized vehicles and
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.
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
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.25,000/- (Rupees Twenty-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 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 five cases,
Patna High Court CR. MISC. No.13968 of 2026(2) dt.12-03-2026
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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 five cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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