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Patna High Court

Chhotak BindversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent and compliance with stipulated bail conditions.

Summary

The petitioner, Chhotak Bind, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 14 litres of liquor recovered from his house, which is a joint family property. He argued that he was not arrested on the spot, no liquor was found in his conscious possession, and that the post‑2018 amendment to the Excise Act abolished the concept of deemed possession and presumed offender. The petitioner, who has four prior excise cases, sought anticipatory bail, contending that the police investigation was mechanically based on a chowkidar’s information without proper inquiry. The State opposed the bail. The Court granted provisional anticipatory bail subject to a bail bond of Rs.20,000 with two sureties, a condition to deposit Rs.5,000 with the Lawyers’ Association, and a verification of his criminal antecedent within six weeks, after which the bail would be confirmed if his antecedent does not exceed four cases.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act given the petitioner’s prior excise cases.
  • Whether the concept of deemed possession and presumed offender applies after the 2018 amendment to the Bihar Excise Act.
  • Whether the joint family ownership of the house negates a presumption of the petitioner’s possession of the liquor.

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • joint family property
  • deemed possession
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3447 of 2026
                         Arising Out of PS. Case No.-228 Year-2025 Thana- SIMRI District- Buxar
                 ======================================================
                 Chhotak Bind S/O Late Videshi Bind Resident of village- Chandpali,
                 Binddera, Police Station- Simri District- Buxar.

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

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

2   29-01-2026               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 four cases under the Excise Act and

                   allegation is of recovery of 14 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 after 2018

                   amendment in the Excise Act, the concept of deemed possession

                   and presumed offender has been done away with. It is next
Patna High Court CR. MISC. No.3447 of 2026(2) dt.29-01-2026
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          submitted that 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 knowledge of the petitioner and he came to be

          implicated at the instance of Chowkidar but then it is submitted

          that if the Chowkidar was aware about 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 further 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. 20,000/- (Rupees

          Twenty 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 Simri P.S. Case No.
              Patna High Court CR. MISC. No.3447 of 2026(2) dt.29-01-2026
                                                          3/3




                        228 of 2025, 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 in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.

                                 8.     At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 5,000/- with Lawyers’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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