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Patna High Court

Saroj ChauhanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s antecedents.

Summary

The petitioner, Saroj Chauhan, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 20 litres of liquor from his residence. He argued that he has a clean antecedent, the liquor was found in a joint family house and not in his conscious possession, and that the concept of deemed possession has been removed by the 2018 amendment to the Excise Act. The prosecution opposed the bail, contending that the allegations warranted arrest. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedents. The order further stipulated that if any prior case is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act where possession is not established.
  • Effect of the 2018 amendment removing the concept of deemed possession on bail considerations.
  • Conditions to be imposed under Section 438(2) of the Cr.P.C. for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 30(a)
  • Section 438(2)
  • clean antecedent
  • joint family property
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26782 of 2026
                        Arising Out of PS. Case No.-55 Year-2026 Thana- KOCHAS District- Rohtas
                 ======================================================
                 Saroj Chauhan S/o Devmuni Chaudhary @ Chaudhary Chauhan @ Devmuni
                 Chaudhari R/o Village - Kochas Ward No.14, PS - Kochas, District - Rohtas

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Babu Nandan Prasad
                 For the Opposite Party/s :       Mr.Syed Mojibur Rahman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 20 litres of liquor from house of the petitioner.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the house in

                   question is a joint family property and thus, it cannot be alleged

                   with certainty that it was the 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.26782 of 2026(2) dt.23-04-2026
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          knowledge and after Amendment in the Excise Act, 2018, the

          concept of deemed possession and presumed offender has been

          done away with and he came to be implicated at the instance of

          Chaukidar with whom he is on an inimical term. It is further

          submitted that if Chaukidar was aware of the involvement of the

          petitioners in the occurrence, then why he did not inform the

          police prior to institution of the present F.I.R., which casts an

          aspersion on the case of the prosecution.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Kochas P. S. Case No.55 of 2026, subject to the conditions laid

          down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.26782 of 2026(2) dt.23-04-2026
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                         accepting the provisional bail bonds of the petitioner 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 purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present 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)
vikash/-

U          T


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