Patna High Court
Aditya ChauhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
2/3
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
Checking your session…