Patna High Court
Chandeshwar Rai @ Chandeshwar Ray @ Chandrashver RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bail bond, sureties and verification of his criminal antecedents.
Summary
The petitioner, Chandeshwar Rai, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged possession of 11.25 litres of liquor recovered from his joint family house. He contended that the liquor was not found in his conscious possession, the house being a joint family property, and that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. He also highlighted that the FIR did not name the informant, casting doubt on the prosecution's case. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, with the bail to be confirmed only if he has no more than two prior cases.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act given the facts.
- Whether the 2018 amendment removing deemed possession and presumed offender affects the petitioner’s liability.
- Whether the absence of the informant’s name in the FIR undermines the prosecution’s case.
- Whether the conditions imposed, including verification of antecedents, are appropriate for granting anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- joint family property
- Section 30
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26633 of 2026
Arising Out of PS. Case No.-63 Year-2026 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Chandeshwar Rai @ Chandeshwar Ray @ Chandrashver Ray S/o Late
Ramudgar Rai Resident of village- Chaksaho Chakjalal @ Chakrajali, Police
Station- Shahpur Patory, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Singh
For the Opposite Party/s : Mr.Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 11.25 litres
of liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
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
Patna High Court CR. MISC. No.26633 of 2026(2) dt.23-04-2026
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with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within knowledge
of the petitioner. It is next submitted that 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 at the instance of local people, but
then the name of the person, who disclosed the name of the
petitioner, is not disclosed in the FIR, which casts an aspersion
on the case of the prosecution, when petitioner has not been
implicated based on secret information.
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 before the learned trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten 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 Shahpur
Patory P.S. Case No. 63 of 2026 subject to the conditions as laid
down under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.26633 of 2026(2) dt.23-04-2026
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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 more
than two cases then it would be presumed that petitioner, for the
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 antecedent of two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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