Patna High Court
Baljit ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to bond, sureties, verification of antecedent, and a deposit with the Lawyers’ Association.
Summary
Baljit Chaudhary sought anticipatory bail fearing arrest in a case under Sections 47A and F of the Bihar Excise Act, 1915, read with Section 98(2)(3)(4) and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, alleging recovery of liquor from his house. He argued that the liquor was not in his conscious possession, the house is joint family property, and the concept of deemed possession was abolished by the 2018 amendment, making the allegations baseless. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 with two sureties, a condition to verify his criminal antecedent, and a requirement to deposit Rs.5,000 with the Lawyers’ Association. The order also stipulated that if more than two prior cases are found, the bail would not be confirmed. The court thus allowed the petitioner temporary protection from arrest pending verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the excise case.
- Whether the 2018 amendment eliminating deemed possession affects the bail application.
- Whether the petitioner’s prior criminal antecedent influences the grant of bail.
Legislation cited
- Bihar Excise Act, 1915 — s. 47A, 98(2)(3)(4), F
Subjects
- anticipatory bail
- excise law
- deemed possession
- joint family property
- Bihar Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3482 of 2026
Arising Out of PS. Case No.-130 Year-2010 Thana- GOVERNMENT OFFICIAL COMP.
District- Nalanda
======================================================
Baljit Chaudhary S/o Ramashish Chaudhary R/o Village - Lakhnu Bigha, P.S
- Asthawan, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Sinha
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
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 Sections 47A and F
of the Bihar Excise Act 1915 read with Section 98(2)(3)(4) and
Sections 30(a) of the Bihar Prohibition and Excise Amendment
Act 2018.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 30 litres of liquor along with 150
litres fermented chhoba 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
Patna High Court CR. MISC. No.3482 of 2026(2) dt.29-01-2026
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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
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. It is further
submitted that he came to be implicated based on secret
information which is the easiest way to implicate someone
without holding a proper investigation. 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. 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
Patna High Court CR. MISC. No.3482 of 2026(2) dt.29-01-2026
3/3
pending/successor court in connection with Excise P.S. Case No.
130C3Ex of 2010 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 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.
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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