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Patna High Court

Chandeshwar Rai @ Chandeshwar Ray @ Chandrashver RayversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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