Patna High Court
Arvind Chaudhari @ Arvind 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 antecedents.
Summary
Arvind Chaudhari applied for anticipatory bail after a case was registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 10 litres of liquor from a joint family house. He argued that he was not arrested on the spot, no liquor was found in his conscious possession, and the house being a joint family property made it uncertain that he kept the liquor. The petitioner also contended that the prosecution relied on a confessional statement of his mother made in police custody, which he claimed lacks evidentiary value, and that the concept of deemed possession had been removed by the 2018 amendment. The State opposed the anticipatory bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.15,000 with two sureties and a condition that the trial court verify his criminal antecedents, confirming the bail if he has no more than three prior cases.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the confessional statement of the petitioner’s mother recorded in police custody can be relied upon as evidence
- Whether the alleged possession of liquor can be established given the joint family ownership of the house
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- joint family property
- Section 30(a)
- Section 482(2)
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2182 of 2026
Arising Out of PS. Case No.-233 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
Arvind Chaudhari @ Arvind Chaudhary S/o Girani Chaudhary Resident of
village- Sarauni, P.S. Kawakole Kawakol, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arjun Prasad
For the Opposite Party/s : Mr. Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Learned counsel for the petitioner submits that the
defects as pointed out by the office stands removed.
3. 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.
4. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 10 litres of liquor from the house of
Geeta Devi. 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,
Patna High Court CR. MISC. No.2182 of 2026(2) dt.31-01-2026
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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 and he came to
be implicated based on confessional statement of his mother in
police custody which does not have any evidentiary value. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
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, the petitioner above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks 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
Kawakole (Kawakol) P.S. Case No.233/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.2182 of 2026(2) dt.31-01-2026
3/3
7. 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
three cases, 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
on verification it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.5000/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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