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Patna High Court

Chunchun ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in the absence of conscious possession and after the abolition of deemed possession, the petitioner is entitled to bail.

Summary

Chunchun Chaudhary was arrested in connection with the alleged recovery of 12 litres of liquor from a house that is a joint family property. The petitioner argued that he was not in conscious possession, the liquor was not seized from him, and that the concept of deemed possession had been abolished by the 2018 amendment to the Bihar Prohibition and Excise Act. He also contended that the investigation was mechanical and that he had been in custody since 08‑12‑2025. The State opposed bail. The court, noting the lack of direct possession, the joint family ownership of the premises, and the statutory change eliminating deemed possession, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of alleged possession and joint family ownership.
  • Whether the doctrine of deemed possession applies after the 2018 amendment to the Bihar Prohibition and Excise Act.

Subjects

  • bail
  • excise
  • possession
  • joint family property
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2803 of 2026
                       Arising Out of PS. Case No.-42 Year-2025 Thana- HALSI District- Lakhisarai
                 ======================================================
                 Chunchun Chaudhary Son of Late Budhan Chaudhary Resident of Village -
                 Manpur, P.S.- Halsi, District - Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjeev Kumar
                 For the Opposite Party/s :        Mr. Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of Bihar Prohibition and

                   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 12 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
             Patna High Court CR. MISC. No.2803 of 2026(2) dt.30-01-2026
                                                         2/2




                       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 chowkidar but then it is

                       submitted that once an accused is implicated in a case relating to

                       excise, the police starts implicating mechanically either through

                       chowkidar, local person, confessional statement or secret

                       information without holding a proper investigation. It is also

                       submitted that petitioner is in custody since 08.12.2025.

                                     4. Learned A.P.P. opposes the prayer for bail of the

                       petitioner.

                                     5. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, is

                       directed to be released on 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 Halsi P.S.

                       Case No.42/2025.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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