Patna High Court
Ghamandi Chaudhari @ Ramashish ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail could be granted to the petitioners despite Section 76(2), as no offence under Section 30(a) was made out and the seized items were not in their conscious possession.
Summary
The petitioners, Ghamandi Chaudhari and Karu Chaudhari, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, after a police raid recovered 37 litres of country‑made liquor and 460 kg of Jawa. They contended that the seized items were found near a drainage and not in their conscious possession, and relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar which allows anticipatory bail despite the bar in Section 76(2) if no offence is made out. The State opposed the bail, citing the petitioners’ criminal antecedents. The Court, considering the precedent and the lack of conscious possession, granted anticipatory bail with a set of conditions including bond, sureties, regular appearances before police and court, and non‑interference with witnesses. The order directed release on bail within four weeks of arrest or surrender, subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the absence of conscious possession of seized liquor and Jawa negates the commission of an offence under Section 30(a).
- Whether the petitioners’ criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- conscious possession
- criminal antecedent
- excise law
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43853 of 2026
Arising Out of PS. Case No.-633 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
1. Ghamandi Chaudhari @ Ramashish Chaudhari Son of Late Umesh
Chaudhari Resident of Village- Gandhi Tola, Hisua, P.S.- Hisua, District-
Nawada.
2. Karu Chaudhari @ Vinay Chaudhari Son of Late Jagdish Chaudhari
Resident of Village- Gandhi Tola, Hisua, P.S.- Hisua, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Adv.
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-07-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with G.O. Case No. 633 of 2021 for the offence
under sections 30(a) of the Bihar Prohibition and Excise Act,
2016.
3. As per the prosecution story, the informant alleged
that the Police on secret information, raided the place and there
is recovery/seizure of 37 liter country made liquor and 460 kg
Jawa. This led to the FIR.
4. Learned counsel for the petitioner submits that
recovery is from near the drainage and not from the conscious
possession, only because of criminal antecedent, they got
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implicated.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that
they have criminal antecedent.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from their conscious
possession, in that background, this Court is inclined to extend
him the privilege of anticipatory bail with conditions.
8. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Court, Excise-2,
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Nawada in connection with G.O. Case No. 633 of 2021 subject
to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall be appearing before the
Police Station as and when required for co-operating in the
investigation;
(iii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of their bail bond by the Trial Court itself;
(iv) the petitioners shall appear before the concerned
police station every fortnight for one year to mark their
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioners shall desist from committing any
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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