Patna High Court
Chhabila NutversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedents, with confirmation contingent on the petitioner having no more than four prior cases.
Summary
The petitioner, Chhabila Nut, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, for alleged possession of liquor recovered from two locations and his joint‑family house. He argued that no liquor was found in his immediate possession, the house is jointly owned, and the 2018 amendment abolished the doctrine of deemed possession and presumed offender. He sought anticipatory bail, contending that the investigation was mechanically based on statements of a villager and a watchman without proper inquiry. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition of a Rs.20,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, stating that if more than four prior cases are found, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted in an excise offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 when the accused claims lack of actual possession.
- Whether the 2018 amendment to the Excise Act eliminates the concept of deemed possession and presumed offender for the purpose of bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- joint family property
- prior convictions
- Section 30(a)
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59384 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- MALAHI District- East Champaran
======================================================
Chhabila Nut Son of Nagina Nut Resident of Village - Sirani Nut toli Ps-
Malahi, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Gupta
For the Opposite Party/s : Mr. Dilip Kumar No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-01-2026 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 has antecedent of four cases, out of which, three cases
are under the Excise Act and allegation is of recovery of 45
litres of liquor from two places and 25 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
Patna High Court CR. MISC. No.59384 of 2025(3) dt.19-01-2026
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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 at the instance of local
villager and chowkidar but then it is 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 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.20,000/- (Rupees twenty 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
Malahi P.S. Case No.105/2025, 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
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shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
four 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 four
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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