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Patna High Court

Aditya ChauhanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedent and conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Aditya Chauhan, sought anticipatory bail after learning that he might be arrested in a case registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act for alleged recovery of 250 litres of liquor from his scooter and his house. He contended that he had a clean antecedent, that the liquor was not in his conscious possession, and that the house was a joint family property, making it uncertain whether he knew of the liquor. He further argued that his friend, who was apprehended at the scene, had misused the scooter without his knowledge. The State opposed the grant of anticipatory bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent, directing that the bail be confirmed if his antecedent is clean and cancelled if any prior case is discovered.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Amendment Act given the alleged facts and his claim of no conscious possession.
  • Whether the lack of conscious possession and joint family ownership of the property negate the presumption of guilt for the offence.

Subjects

  • anticipatory bail
  • possession
  • liquor
  • Bihar Prohibition and Excise Amendment Act
  • Section 30(a)
  • Section 482
  • clean antecedent
  • joint family property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22058 of 2026
                  Arising Out of PS. Case No.-2006 Year-2025 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Aditya Chauhan S/o Kapil Chauhan Resident of Village - Gobindpur, Nonia
                 Tola, PS- Phulwari Sharif, District- Patna
                                                                            ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pranav Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Harendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-04-2026                     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 the

                   Bihar Prohibition and Excise Amendment Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 250 liters of liquor from a scooty and house of the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner was not apprehended 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 within his

                   knowledge and after amendment in the Excise Act in the year

                   2018, the concept of deemed possession and presumed offender
Patna High Court CR. MISC. No.22058 of 2026(2) dt.07-04-2026
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          has been done away with and being owner of the scooty he

          came to be implicated. It is further submitted that no prudent

          person would his own vehicle for committing an occurrence and

          thus would create evidence against himself and hence would get

          implicated. It is also submitted that petitioner was completely

          unaware that his friend would misuse the vehicle in the manner

          as alleged who was also apprehended from the spot.

                       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 within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Phulwari Sharif P.S. Case No. 2006 of 2025

          subject to the conditions as laid down under Section 482 (2) of

          the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of even
          Patna High Court CR. MISC. No.22058 of 2026(2) dt.07-04-2026
                                                      3/3




                    one case then it would be presumed that petitioner, for the

                    purposes of seeking anticipatory bail, had concealed his

                    antecedent before this Court, as such, the provisional

                    anticipatory bail order shall not be confirmed, but after

                    verification if it is found that petitioner has clean antecedent, in

                    that event the provisional anticipatory bail order shall be

                    confirmed forthwith.



                                              (Satyavrat Verma, J)
Gaurav Sinha/-
U      T


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