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Patna High Court

Anil Choudhary @ Anil ChaudhariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bond, sureties and verification of antecedents.

Summary

The petitioner, Anil Choudhary, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act alleging recovery of 14 litres of liquor from his joint family house. He argued that he was not arrested, no liquor was found in his conscious possession, and the property is jointly owned, making it uncertain that he stored the liquor. The State opposed the bail, contending that the allegations were based on secret information. The Court, noting the lack of arrest and the amendment removing the concept of deemed possession, granted provisional anticipatory bail on condition of a Rs.5,000 bond with two sureties and directed verification of his criminal antecedents. The bail will be confirmed if only one prior case is found, but may be revoked if more than one antecedent is discovered.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC in a case under Section 30(a) of the Excise Act where the accused was not arrested and no possession was established.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65132 of 2025
                         Arising Out of PS. Case No.-279 Year-2025 Thana- TEKARI District- Gaya
                 ======================================================
                 Anil Choudhary @ Anil Chaudhari S/O Munni Choudhary Resident of
                 Village- Ramnagar, P.S.- Tekari, District- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Krishna Prabhat
                 For the Opposite Party/s :        Mr.Jai Narain Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                  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 one case and allegation is of

                   recovery of 14 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

                   in the house or the liquor kept in the house was within his
Patna High Court CR. MISC. No.65132 of 2025(3) dt.07-01-2026
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          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 based on secret

          information, which is the easiest way to implicate someone.

                       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.5,000/- (Rupees Five 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 Tekari P. S. Case No.279 of 2025, subject to the conditions

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

                       7. The application stands allowed.

                       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 one case, then

          it would be presumed that petitioner for the purposes of
               Patna High Court CR. MISC. No.65132 of 2025(3) dt.07-01-2026
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                         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 one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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