Patna High Court
Suraj Kumar @ Suraj ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Suraj Kumar, was implicated under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 500 ml of liquor recovered from his joint family house. He argued that the liquor was not in his conscious possession, the house is a joint family property, and the only evidence against him was a confessional statement made by his mother while in police custody, which he claimed lacks evidentiary value. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnishes bail bonds and two sureties, and that the trial court verify his criminal antecedent. The order is made under Section 482(2) of the BNSS and is subject to confirmation if the petitioner is found to have a clean antecedent. If any prior case is discovered, the provisional bail will not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case of alleged possession under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the recovery of liquor from a joint family house can be attributed to the petitioner without proof of conscious possession.
- The evidentiary value of a confessional statement made by the petitioner’s mother while in police custody.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- possession
- Bihar Prohibition and Excise Act
- joint family property
- confessional statement
- Section 30(a)
- Section 482(2)
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23106 of 2026
Arising Out of PS. Case No.-754 Year-2025 Thana- GARDANIBAG District- Patna
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Suraj Kumar @ Suraj Chaudhary Son of Sri Brij Nandan Chaudhary @
Devanand Chaudhary R/v- Purani Damariya, P.S.- Gardanibagh, Distt.- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 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 Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 500 ml of liquor from 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
Patna High Court CR. MISC. No.23106 of 2026(2) dt.08-04-2026
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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 no
mother would implicate his own son until pressurized.
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 Gardanibagh P.S. Case No. 754 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
one case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.23106 of 2026(2) dt.08-04-2026
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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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