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Patna High Court

Santosh ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted, subject to verification of antecedent cases and compliance with bail conditions.

Summary

The petitioner, Santosh Chaudhary, feared arrest in a case under Section 30(a) and (b) of the Bihar Excise Act for alleged possession of 14 litres of liquor recovered from his house and 4 litres from a nearby location. He argued that the liquor was not in his conscious possession, the house is joint family property, and the 2018 amendment to the Excise Act abolished the doctrine of deemed possession and presumed offender. The State opposed his prayer for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition of a Rs 20,000 bond, two sureties and verification of his criminal antecedent within six weeks. The order stipulates that if the petitioner is found to have more than four prior excise cases, the bail will not be confirmed; otherwise it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30 of the Bihar Excise Act where alleged possession is disputed
  • Whether the 2018 amendment removing the concept of deemed possession affects the prosecution’s case
  • Whether the petitioner’s prior criminal antecedent exceeds the threshold for granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • deemed possession
  • joint family property
  • criminal antecedent
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27134 of 2026
                        Arising Out of PS. Case No.-53 Year-2026 Thana- Excise P.S. District- Rohtas
                 ======================================================
                 Santosh Chaudhary S/o- Late Kedar Chaudhary Resident of Village- Shivpur
                 PS- Nokha Dist- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Raghunandan Kumar Singh
                 For the Opposite Party/s :         Md. Fahimuddin
                 ======================================================
                 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) (b) of

                   the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the Excise Act and

                   allegation is of recovery of 14 liters of liquor from house of the

                   petitioner and 4 liters of liquor from a place in front of the house

                   of Jai Prakash.

                                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
Patna High Court CR. MISC. No.27134 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 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 at the

          instance of local person, but then it is submitted that if local

          person 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. It is also submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                       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.

          20000/- (Rupees Twenty Thousand) with two sureties of the like
            Patna High Court CR. MISC. No.27134 of 2026(2) dt.23-04-2026
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                      amount each to the satisfaction of the learned Trial Court where

                      the case is pending/successor court in connection with Sasaram

                      Excise P.S. Case No. 53 of 2026 subject to the conditions as laid

                      down under Section 482 (2) of the BNSS.

                                   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 four

                      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 four cases only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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