Patna High Court
Gore Choudhary @ Gorelal ChaudhariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to a bail bond, sureties, and verification of the petitioner’s antecedent record.
Summary
The petitioner, Gore Choudhary, sought anticipatory bail in a case registered under Section 47(A) of the Bihar Excise Act for alleged recovery of 40 litres of liquor from his joint family house. He argued that the liquor was not found in his conscious possession, that the concept of deemed possession was abolished by the 2018 amendment, and that the police had relied on flimsy information without proper investigation. The State opposed the bail, contending that the petitioner has a history of eight prior excise cases. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on furnishing a bail bond of Rs. 40,000 with two sureties and subject to verification of the petitioner’s criminal antecedents. It directed that if more than eight prior cases are discovered, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 47(A) of the Bihar Excise Act.
- Whether the 2018 amendment to the Bihar Excise Act has eliminated the doctrine of deemed possession and presumed offender.
- Whether the police investigation was sufficient to justify the charge.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 47(A)
- Bihar Negotiable Sale (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 47A
- deemed possession
- police investigation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37082 of 2026
Arising Out of PS. Case No.-157 Year-2014 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Gore Choudhary @ Gorelal Chaudhari S/o Lakhan Choudhary Resident of
Village- Pachrukhi, P.S.- Akbarpur, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad
For the Opposite Party/s : Mr. Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 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 47(A) of
the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of eight cases under the Excise Act and
allegation is of recovery of 40 liters of liquor from house of the
petitioner.
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.37082 of 2026(2) dt.16-06-2026
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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. 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.
40000/- (Rupees Forty 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 G.O.
Case No. 157 of 2014 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.37082 of 2026(2) dt.16-06-2026
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than eight 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 eight
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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