Patna High Court

Munna ChaudharyversusThe State of Bihar

Decided: 20 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent, to be confirmed if no prior case is found.

Summary

Munna Chaudhary sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged possession of 10 litres of liquor recovered from his house. He argued he has a clean antecedent, the liquor was in a joint family property, and no conscious possession was established, especially after the 2018 amendment that abolished the concept of deemed possession. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, and directed verification of the petitioner’s criminal antecedent. If any antecedent is found, the bail will not be confirmed; if none is found, the bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where alleged possession is not proven.
Whether the 2018 amendment removing deemed possession affects the bail application.
Whether the petitioner’s criminal antecedent must be verified before confirming anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
deemed possession
joint family property
criminal antecedent
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84997 of 2025
                         Arising Out of PS. Case No.-133 Year-2025 Thana- EKMA District- Saran
                 ======================================================
                 Munna Chaudhary S/o Late Bhagwan Chaudhary Resident of - Parsagarh, P.S
                 - Ekma, District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mirtunjay Kumar Tiwary, Adv
                 For the Opposite Party/s :       Mr.Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-01-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Parmanand Prasad.

                             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 the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 10 litres of liquor from the house of the petitioner.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and after 2018

                   amendment in the Excise Act, the concept of deemed possession

                   and presumed offender has been done away with. It is next

                   submitted that the house in question is a joint family property as
Patna High Court CR. MISC. No.84997 of 2025(3) dt.20-01-2026
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          such it cannot be alleged with certainty that it was petitioner

          who had kept the liquor in the house or the liquor kept in the

          house was within knowledge of the petitioner and he came to be

          implicated at the instance of Chowkidar with whom his family

          is on an inimical term.

                   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 Ekma

          P.S. Case No. 133 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 purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.84997 of 2025(3) dt.20-01-2026
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                        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)
Sumit/-

U         T

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