Patna High Court
Sudhir ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail subject to verification of antecedents and specified conditions.
Summary
The petitioner, Sudhir Chaudhary, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, where liquor was allegedly recovered from his house and from relatives' houses. He argued that the liquor was not in his conscious possession, the property was joint family, and that the 2018 amendment had removed the concept of deemed possession, making the charge baseless. The State opposed the bail, contending the allegations warranted detention. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than two prior cases are found, the bail would not be confirmed; if only two, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the alleged facts and the petitioner’s criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- joint family property
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6953 of 2026
Arising Out of PS. Case No.-493 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Sudhir Chaudhary S/o Late Misri Chaudhary Resident of Village- Kayampur,
P.S.- Giriyak, Dist.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Raj
For the Opposite Party/s : Mr. Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 15-04-2026 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 Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 150 litres of liquor from house of the
petitioner, 30 litres of liquor from house of Vijendra Chaudhary
and 25 litres of liquor from house of Kalendra Chaudhary. 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
Patna High Court CR. MISC. No.6953 of 2026(3) dt.15-04-2026
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liquor in 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. It is also 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. It is next submitted that no prudent person
would use his own premises for committing an occurrence and
thus would create evidence against himself and hence would get
implicated.
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 within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten 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
Patna High Court CR. MISC. No.6953 of 2026(3) dt.15-04-2026
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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 more than
two 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 two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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