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Patna High Court

Ashish Chaudhary @ Amrendra ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, directing provisional bail subject to verification of the petitioner’s antecedent.

Summary

Ashish Chaudhary applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case alleging offences under Sections 30(a), 30(c) and 30(d) of the Excise Act for the alleged recovery of liquor and mahua flowers from his residence and that of another person. The petitioner argued that he has a clean antecedent, was not arrested at the scene, and that the alleged liquor was located in a joint‑family house, making it uncertain that he had possession or knowledge. He further contended that the 2018 amendment to the Excise Act abolished the concept of deemed possession and presumed offender. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.500 with two sureties and that the trial court verify his antecedent; if any prior case is found, the bail may be withdrawn, otherwise it will be confirmed.

Issues considered

  • Whether anticipatory bail should be granted when alleged possession of liquor under the Excise Act is not established.
  • Effect of the 2018 amendment removing deemed possession on the grant of bail.
  • Whether the joint‑family nature of the property and lack of arrest affect the bail application.
  • Conditions to be imposed under Section 438(2) CrPC for provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438 CrPC
  • deemed possession
  • joint family property
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84477 of 2025
                    Arising Out of PS. Case No.-435 Year-2025 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
                 Ashish Chaudhary @ Amrendra Chaudhary Son of Ganesh Chaudhary R/o
                 Village - Sabaji Market Bara, P.O. - Guraru, P.S. - Guraru, Dist. - Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Santosh Chandra Bhaskar
                 For the Opposite Party/s :       Ms.Asha Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  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

                   Sections 30(a), 30(c) and 30(d) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 10 litres of liquor along with 20 kg mahua flower

                   from the house of the petitioner and 10 litres of liquor from the

                   house of Ashok Chaudhary.

                                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
Patna High Court CR. MISC. No.84477 of 2025(3) dt.19-01-2026
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          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

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

          concept of deemed possession and presumed offender has been

          done away with and 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.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

          Rafiganj P. S. Case No.435 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.84477 of 2025(3) dt.19-01-2026
                                                           3/3




                                      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 even one case, 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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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