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Patna High Court

Gore Chaudhary @ Gorelal ChaudhariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with bail bond conditions.

Summary

Gore Chaudhary, a resident of Nawada, sought anticipatory bail fearing arrest in a case registered under Section 47(A) of the Excise Act for alleged recovery of 15 litres of liquor from a jointly owned house. He contended that the liquor was not in his conscious possession, the property being a joint family asset, and that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The petitioner also highlighted his prior five cases under the Excise Act and alleged that police investigations were mechanically based on informants without proper inquiry. The State opposed the bail application. Justice Satyavrat Verma granted provisional anticipatory bail conditioned on furnishing a bail bond of Rs.25,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, confirming bail only if the antecedents do not exceed five cases. The order is subject to Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 47(A) of the Excise Act where the alleged contraband is not in the accused's conscious possession.
  • Whether the amendment to the Excise Act in 2018 eliminates the doctrine of deemed possession and presumed offender for bail considerations.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 47(A)
  • deemed possession
  • joint family property
  • criminal antecedents
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39454 of 2026
                   Arising Out of PS. Case No.-111 Year-2014 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Nawada
                 ======================================================
                 Gore Chaudhary @ 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. Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026                  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 offence punishable under Section 47(A) of

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases under the Excise Act and

                   allegation is of recovery of 15 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
Patna High Court CR. MISC. No.39454 of 2026(2) dt.22-06-2026
                                            2/3




          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 through

          chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

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

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.25,000/- (Rupees twenty five

          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.111/2014, subject to the conditions as laid down under

          Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than
             Patna High Court CR. MISC. No.39454 of 2026(2) dt.22-06-2026
                                                         3/3




                       five cases, in that event, it would be presumed that petitioner

                       had concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of five

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                               (Satyavrat Verma, J)
amit/-

U        T


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