Patna High Court
ARVIND CHOUDHARY @ ARVIND KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail, conditional on verification of the petitioner’s antecedents, under Section 482(2) of the CrPC.
Summary
Arvind Choudhary was implicated under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 for allegedly possessing 10 litres of liquor found in a joint family house. He contended that he had no conscious possession, the liquor was not recovered from him at the spot, and the concept of deemed possession had been abolished by the 2018 amendment. He also argued that the complaint was filed by a hostile chowkidar, raising doubts about the prosecution’s case. The petitioner sought anticipatory bail, while the State opposed it. The Court granted provisional anticipatory bail, subject to a bail bond of Rs.500 with two sureties and verification of the petitioner’s antecedents, directing that the bail be confirmed only if he is found to have a clean record, otherwise it would be presumed he concealed antecedents.
Issues considered
- Whether anticipatory bail should be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 given the facts of joint family property and removal of the deemed‑possession concept.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- possession
- excise law
- joint family property
- deemed possession
- criminal antecedent
- Section 30
- Bihar Prohibition and Excise Amendment Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24546 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- NATWAR District- Rohtas
======================================================
ARVIND CHOUDHARY @ ARVIND KUMAR S/o Late Gupteshwar
Choudhary R/o Tenuaj Tola, P.S.- Natwar, Distt.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh
For the Opposite Party/s : Mr. Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 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 is a person with clean antecedent and allegation is of
recovery of 10 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 the house or the liquor kept in the house was within his
knowledge and after amendment in the Excise Act in the year
Patna High Court CR. MISC. No.24546 of 2026(2) dt.20-04-2026
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2018, the concept of deemed possession and presumed offender
has been done away with and he came to be implicated at the
instance of chowkidar with whom he is on an inimical term. It is
also submitted that if chowkidar was aware of the involvement
of the petitioner in the occurrence then why he did not inform
the police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution.
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.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 Natwar Bazar P.S. Case No.16/2026, 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 even one
Patna High Court CR. MISC. No.24546 of 2026(2) dt.20-04-2026
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case, in that event, it would be presumed that petitioner had
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 is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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