Patna High Court
Rajesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent record.
Summary
The petitioner, Rajesh Chaudhary, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 18 litres of liquor were allegedly recovered from his joint family house. He argued that the liquor was not in his conscious possession, the house being a joint family property, and that the 2018 amendment had abolished the doctrine of deemed possession and presumed offender. The State opposed the bail, citing his antecedent record of six prior cases, four of which were under the Excise Act. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.30,000 with two sureties and that the trial court verify his criminal antecedents. It further directed that if the verification shows more than six prior cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the petitioner’s antecedent record.
- Whether the doctrine of deemed possession and presumed offender applies post‑2018 amendment.
- Whether the joint family nature of the property affects liability for possession of liquor.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- joint family property
- criminal antecedents
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22120 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Rajesh Chaudhary Son of Late Kohan Chaudhary Resident of Muhalla-
Biratpur Chaudhary Mohallah, P.S.- Town, District- Aurangabad (Bihar), 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 : Ms. Shaheen Begum
======================================================
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 six 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.22120 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. 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.30,000/- (Rupees Thirty 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
event if it is found that petitioner has antecedent of more than
six cases, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.22120 of 2026(2) dt.07-04-2026
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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 six
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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