Patna High Court
Munna ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.
Summary
Munna Chaudhary applied for anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act alleging recovery of 105 litres of liquor from his residence, which he claims is a joint family property and that he had no conscious possession. He argued that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the allegation was based on secret information. The State opposed the bail. Justice Satyavrat Verma, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his criminal antecedent within six weeks. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged liquor is located in a joint family house and no conscious possession is established.
- Whether the 2018 amendment removing deemed possession and presumed offender concepts affects the bail application.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- deemed possession
- joint family property
- criminal antecedent
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84524 of 2025
Arising Out of PS. Case No.-501 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
Munna Chaudhary Son of Raju Chaudhary Resident of village - Ambedkar
Nagar Chakia, P.S.- Chakia, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 105 liters of liquor from house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.84524 of 2025(3) dt.19-01-2026
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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. It is also submitted that petitioner
came to be implicated based on secret information which is the
easiest way to implicate someone.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds 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 Chakia
P.S. Case No. 501 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court 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
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purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if 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)
Rishabh/-
U T
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