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Patna High Court

Suraj Kumar @ Suraj ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                       3/3




                     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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