Patna High Court
Kalendra Chaudhary @ Kirandar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedents.
Summary
Kalendra Chaudhary was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged recovery of 25 litres of liquor from his house, which is part of a joint‑family property. He contended that no liquor was found in his conscious possession, that the house is jointly owned and therefore he could not be said to have knowledge of the liquor, and that he has a clean criminal record. The State opposed his prayer for anticipatory bail. The Court, after hearing both sides, ordered provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and deposit Rs.1,500 with the Advocates’ Association, subject to verification of his antecedents. The order further provided that if any antecedent is discovered, the bail would not be confirmed, but if his clean record is verified, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted when alleged possession of liquor is based solely on recovery from a jointly owned house without proof of conscious possession.
- Whether the provisions of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and Section 482(2) of the B.N.S.S. permit the grant of provisional anticipatory bail in such circumstances.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- possession
- excise law
- joint family property
- clean antecedent
- provisional bail
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4725 of 2026
Arising Out of PS. Case No.-493 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Kalendra Chaudhary @ Kirandar Chaudhary Son of Mundrika Chaudhary
Village -Kayampur PS -Giriyak Dist -Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Prasad
For the Opposite Party/s : Mr. Ram Sumiran Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 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 offence punishable under Section 30(a) of
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 205 litres of liquor from the house of the accused
persons, out of which 25 litres of liquor is alleged to have been
recovered from the 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
Patna High Court CR. MISC. No.4725 of 2026(2) dt.31-01-2026
2/3
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 and he came to be implicated based on
secret information which is the easiest way to implicate
someone without holding a proper investigation, when petitioner
admittedly is a person with clean antecedent.
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 before the learned Court below
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 Giriyak
P.S. Case No.493/2025, 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 even one
Patna High Court CR. MISC. No.4725 of 2026(2) dt.31-01-2026
3/3
case, 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 is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
7. At this stage, the learned counsel for the petitioner
based on instruction undertakes to deposit an amount of
Rs.1500/- with Advocates’ Association, Patna High Court within
a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…