Patna High Court
Upendra ChaudhariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds and verification of his antecedents.
Summary
The petitioner, Upendra Chaudhari, feared arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 24 litres of liquor recovered from his house. He argued that the liquor was not in his conscious possession, the house is joint family property, and the confession of his son obtained in police custody lacks evidentiary value. He also contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditioned on verification of the petitioner’s criminal antecedents. The order further provides that if more than two prior cases are found, the bail may be revoked, otherwise it will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
- Whether the petitioner’s prior two convictions under the Excise Act affect the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- prior convictions
- confession
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86453 of 2025
Arising Out of PS. Case No.-155 Year-2025 Thana- BOCHAHAN District- Muzaffarpur
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Upendra Chaudhari Son of Ramshish Chaudhari @ Ramashish Chaudhari
Resident of Village - Manvishunpur, P.S.- Bochaha, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Pandey
For the Opposite Party/s : Ms.Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-01-2026 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 the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 24 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
Patna High Court CR. MISC. No.86453 of 2025(2) dt.17-01-2026
2/3
submitted that 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 the house or the liquor kept in the
house was within knowledge of the petitioner and he came to be
implicated based on confessional statement of his son in police
custody which does not have any evidentiary value. It is also
submitted that since petitioner has antecedent of two cases
under the Excise Act as such his son was made to confess his
name.
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.
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 connection with Bochaha
P.S. Case No. 155 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
Patna High Court CR. MISC. No.86453 of 2025(2) dt.17-01-2026
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than two cases 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 confirmed, but after
verification if 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)
Sumit/-
U T
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