Patna High Court
Binod Chaudhary @ Vinod 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 antecedents.
Summary
The petitioner, Binod Chaudhary, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 18 litres of liquor from his joint family house. He contended that he was not arrested at the scene, no liquor was found in his conscious possession, and the amendment of 2018 had abolished the concepts of deemed possession and presumed offender. The State opposed the bail, arguing the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.25,000 and two sureties, invoking its inherent powers under Section 482(2) of the CrPC. The order also directed the trial court to verify the petitioner’s criminal antecedents and conditionally confirm the bail based on whether the antecedent cases exceed five.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Effect of the 2018 amendment removing deemed possession on the prosecution’s case.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- deemed possession
- joint family property
- criminal antecedents
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22044 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Binod Chaudhary @ Vinod Chaudhary S/o Late Kohan Chaudhary Resident
of Muhalla - Biratpur Chaudhary Mohallah, P.S- Town, District - Aurangabad,
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. Surendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-04-2026 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 five cases, out of which, four cases
are under the Excise Act and allegation is of recovery of 18
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
Patna High Court CR. MISC. No.22044 of 2026(2) dt.07-04-2026
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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
secret information which is the easiest way to implicate
someone without holding a proper investigation. It is also
submitted that since the petitioner has antecedent as such the
police in a mechanical manner implicated.
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.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.47/2026, 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
Patna High Court CR. MISC. No.22044 of 2026(2) dt.07-04-2026
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event if it is found that petitioner has antecedent of more than
five 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 five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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