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Patna High Court

Saryu Chaudhary @ Sirju Chaudhary @ Siraju ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted in the present circumstances, subject to verification of the petitioner’s antecedents and compliance with the stipulated conditions.

Summary

The petitioner, Saryu Chaudhary, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(A) of the Excise Act for alleged recovery of ten litres of liquor from his residence. The petitioner argued that he was not arrested, the liquor was located in a joint‑family house and there was no proof of his personal possession, and that the chaukidar who lodged the complaint was an inimical party. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 15,000 with two sureties, a condition that the trial court verify the petitioner’s criminal antecedents, and a requirement to deposit Rs 5,000 with the High Court Legal Services Committee. The order also stipulated that if more than three prior cases are found, the bail would not be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(A) of the Excise Act where the alleged liquor was recovered from a joint‑family house and no personal possession is established.
  • Whether the amendment to the Excise Act, 2018, eliminating the concept of deemed possession, affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • possession
  • joint family property
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5649 of 2026
                      Arising Out of PS. Case No.-346 Year-2025 Thana- CHANDAUTI District- Gaya
                 ======================================================
                 Saryu Chaudhary @ Sirju Chaudhary @ Siraju Chaudhary S/o Gora
                 Chaudhary R/o Village - Kujap, P.S - Chandauti, District - Gaya

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Sukriti Kumari
                 For the Opposite Party/s :      Ms.Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(A) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of three cases out of which one

                   case is under the Excise Act and allegation is of recovery of 10

                   litres of liquor from house of the petitioner.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the house in

                   question is a joint family property and thus, it cannot be alleged

                   with certainty that it was the petitioner, who had kept the liquor
Patna High Court CR. MISC. No.5649 of 2026(2) dt.03-02-2026
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          in the house or the liquor kept in the house was within his

          knowledge and after Amendment in the Excise Act, 2018, the

          concept of deemed possession and presumed offender has been

          done away with and he came to be implicated at the instance of

          Chaukidar with whom he is on an inimical term. It is further

          submitted that if Chaukidar was aware of the involvement of the

          petitioners in the occurrence, then why he did not inform the

          police prior to institution of the present F.I.R., which casts an

          aspersion on the case of the prosecution.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.15,000/- (Rupees Fifteen 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 Chandauti P. S. Case No.346 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.
               Patna High Court CR. MISC. No.5649 of 2026(2) dt.03-02-2026
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                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than three cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of three cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.5,000/- with

                         Patna High Court Legal Services Committee, Patna within a

                         period of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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