Patna High Court
Bhola Chaudhary @ Bhola ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Bhola Chaudhary, applied for bail in a criminal case under Section 30(a) of the Bihar Excise Act, alleging that liquor was recovered from a joint family house and that he was not apprehended in possession. He argued that the 2018 amendment to the Excise Act abolished the concept of deemed possession and that he was implicated solely on secret information, with no conscious possession. The State opposed the bail, citing the petitioner’s antecedent of 14 excise cases and the alleged recovery of 160.7 liters of liquor from another house and 22.04 liters from his own. The Court considered the submissions, the lack of direct possession, and the statutory amendment, and concluded that the petitioner was not a presumed offender. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner in an offence under Section 30(a) of the Bihar Excise Act given the alleged recovery of liquor and his prior excise cases.
- Whether the 2018 amendment removing the concept of deemed possession affects the presumption of guilt in this case.
Subjects
- bail
- excise law
- Section 30(a)
- deemed possession
- presumed offender
- joint family property
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23987 of 2026
Arising Out of PS. Case No.-1004 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Bhola Chaudhary @ Bhola Chaudhari S/O Late Janki Chaudhary Resident of
Village - Balua Chikpatti (Baluwa Bazar), P.S.- Motihari Town, District - East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh
For the Opposite Party/s : Mr. Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of 14 cases under the Excise Act and
allegation is of recovery of 160.7 liters of liquor from house of
Sunarpati Devi and 22.04 liters of liquor from house of
petitioner.
4. Learned counsel for the petitioner submits that
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
Patna High Court CR. MISC. No.23987 of 2026(2) dt.18-04-2026
2/2
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 and he came to be implicated based on
secret information which is the easiest way to implicate
someone without holding a proper investigation. It is also
submitted that petitioner earlier in similar manner came to be
implicated in cases relating to Excise. It is also submitted that
petitioner is in custody since 20.01.2025 and if privilege of bail
is granted, the petitioner will not abscond rather will cooperate
in the trial to prove his innocence.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five 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 Motihari
Town P.S. Case No. 1004 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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