Patna High Court
Lakshman ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail subject to a bail bond, sureties and verification of the petitioner’s antecedents.
Summary
Lakshman Chaudhary sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 alleging that 7 litres of liquor and 75 litres of fermented jawa‑mahua were recovered from his house and destroyed. The petitioner argued that he was not arrested at the scene, no liquor was found in his conscious possession, and the house is a joint‑family property, making it uncertain that he stored the liquor. He further contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the case was based solely on secret information. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.5,000 bail bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, confirming bail only if he has a single prior case. The order was made under Section 482(2) of the B.N.S.S., emphasizing the court’s inherent powers to prevent abuse of process.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the facts.
- Whether the removal of the deemed‑possession concept by the 2018 amendment affects the petitioner’s liability.
- What conditions may be imposed on anticipatory bail under Section 482(2) of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- provisional bail
- Bihar Prohibition and Excise Act
- deemed possession
- joint family property
- Section 30(a)
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17735 of 2026
Arising Out of PS. Case No.-531 Year-2025 Thana- RAFIGANJ District- Aurangabad
======================================================
Lakshman Chaudhary S/o Late Hari Chaudhary R/o vill- Sihuli, PS- Rafiganj,
District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Anand
For the Opposite Party/s : Mr. Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 7 litres of liquor from house of the
petitioner along with 75 liters of fermented jawa mahua which
was destroyed at the spot. 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
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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 and he came to be implicated based on secret information
which is the easiest way to implicate someone.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.5000/- (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 Rafiganj P.S. Case No.531/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
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on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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