Patna High Court
Kanhaiya Chaudhari @ Kanhaiya Chaudhary @ Lalu ChaudhariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to bond and conditions.
Summary
The petitioner, Kanhaiya Chaudhari, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, where 18.78 litres of liquor was allegedly recovered from his joint family house. He argued that he was not arrested on the spot, no liquor was found in his conscious possession, and the amended 2018 Act had done away with the concepts of deemed possession and presumed offender. The State opposed the bail, contending the allegations warranted detention. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bail bond with two sureties and compliance with Section 482(2) of the CrPC. The court directed the trial judge to verify the petitioner’s criminal antecedent and stipulated that if more than one prior case is found, the bail may be revoked; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 where alleged possession is disputed.
- Whether the amendment to the Excise Act eliminating deemed possession affects the bail application.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- deemed possession
- excise law
- joint family property
- criminal antecedent
- Section 30
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14395 of 2026
Arising Out of PS. Case No.-563 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Kanhaiya Chaudhari @ Kanhaiya Chaudhary @ Lalu Chaudhari S/o
Rambabu Chaudhary R/o vill - Lal Bazar, Maharajganj, P.S.- Chapra
Mufassil, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raushan Raj, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and Mr.
Chandra Bhushan Prasad, learned APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 18.78 litres of liquor from house of the petitioner. It
is next submitted that petitioner was not arrested from the spot,
as such, nothing was recovered from his conscious possession
and the house in question is a joint family property, as such, it
cannot be alleged with certainty that it was petitioner who had
kept the liquor in the house or the liquor kept in the house was
Patna High Court CR. MISC. No.14395 of 2026(2) dt.13-03-2026
2/3
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 and he came to be implicated
at the instance of Chowkidar with whom he is on an inimical
term.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned 1 st Exclusive
Special Excise Judge, Saran at Chapra in connection with
Chapra Mufassil P.S. Case No.563 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
Patna High Court CR. MISC. No.14395 of 2026(2) dt.13-03-2026
3/3
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.