Patna High Court
Kamlesh Chaudhri @ Kamelsh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedents.
Summary
The petitioner, Kamlesh Chaudhri, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing five litres of liquor found in a house that is part of a joint family property. He argued that he had no prior criminal record, the liquor was not recovered from his immediate possession, and the concept of deemed possession had been abolished by the 2018 amendment. The State opposed the bail, contending that the alleged offence warranted arrest. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a modest bond and two sureties, subject to verification of the petitioner’s antecedents by the trial court. The order further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- What is the applicability of anticipatory bail under Section 438 of the Cr.P.C. in a case involving alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022?
- Whether the concept of deemed possession, removed by the 2018 amendment, precludes the petitioner’s liability in the present facts.
- Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- deemed possession
- Bihar Prohibition and Excise Act
- clean antecedent
- joint family property
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41748 of 2026
Arising Out of PS. Case No.-112 Year-2026 Thana- BELAGANJ District- Gaya
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Kamlesh Chaudhri @ Kamelsh Chaudhary Son of Puna Chaudhari @ Puna
Chaudhary R/O Village - Kana Bigha, P.S.- Belaganj, District- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shams Alam, Advocate
For the Opposite Party/s : Mr. Akbar Ali, A.P.P.
========================= =============================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 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 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 5 litres of liquor from a place near the boring
machine situated in the premise of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that the house in question is a joint family property, as such, it
cannot be alleged with certainty that it was the petitioner who
had kept the liquor in the house or the liquor kept in the house
Patna High Court CR. MISC. No.41748 of 2026(2) dt.30-06-2026
2/3
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 next
submitted that petitioner came to be implicated at the instance of
Chawkidar and local person but then it is submitted that it does
not appear probable that Chawkidar and local person would
have known who had conceal the liquor in house.
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 appearing on behalf of the petitioner, let 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. 500/- (Rupees
Five Hundred) 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 Belaganj P.S. Case
No. 112 of 2026, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
Patna High Court CR. MISC. No.41748 of 2026(2) dt.30-06-2026
3/3
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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