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Patna High Court

Nande Chaudhary @ Nandu ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedent.

Summary

The petitioners, Nande Chaudhary and Kishun Chaudhary, applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case alleging violation of Sections 30(a) and 30(c) of the Excise Act, 2018 for the alleged recovery of 35 litres of liquor from their jointly owned house. The petitioners argued that they were not arrested at the scene, that the liquor was not in their conscious possession, and that the amendment to the Excise Act had removed the doctrine of deemed possession. The State opposed the bail, contending that the petitioners were implicated by a watchman’s report. The Court noted the lack of clear evidence of possession, the removal of the deemed‑possession concept, and the questionable role of the watchman, and therefore granted provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties and verification of the petitioners’ criminal antecedent. The order further stipulated that if more than one prior case is found, the bail may be revoked, otherwise it will be confirmed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 Cr.P.C. for offences under Sections 30(a) and 30(c) of the Excise Act, 2018.
  • Whether the alleged possession of liquor by the petitioners can be established in the absence of conscious possession.
  • Whether the petitioners' criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87413 of 2025
                       Arising Out of PS. Case No.-57 Year-2025 Thana- Mahuli District- Sheikhpura
                 ======================================================
           1.     Nande Chaudhary @ Nandu Chaudhary S/O Dhobi Chaudhary Resident Of
                  Village - Bhalua, P.s.- Mahuli, District - Sheikhpura.
           2.    Kishun Chaudhary S/O Dhobi Chaudhary Resident Of Village - Bhalua, P.s.-
                 Mahuli, District - Sheikhpura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sheo Nandan Prasad
                                                   Mr.Rajnish Kumar
                                                   Mr.Sweta Burnwal
                 For the Opposite Party/s :        Mr.Raj Kishor Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   learned APP for the State.

                                 2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

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

                                 3. The learned counsel for the petitioners submits that

                   the petitioners have antecedent of one case and the allegation is

                   of recovery of 35 litres of liquor from the house of the

                   petitioners.

                                 4. The learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and even the house in
Patna High Court CR. MISC. No.87413 of 2025(3) dt.20-01-2026
                                            2/3




          question is a joint family property and thus, it cannot be alleged

          with certainty that it were the petitioners, who had kept the

          liquor in the house or the liquor kept in the house was within

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

          the concept of deemed possession and presumed offender has

          been done away with and they came to be implicated at the

          instance of Chaukidar, but then, it is 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 petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.5,000/- (Rupees Five Thousand) each 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 Mahuli P. S. Case No.57 of 2025, subject to the
               Patna High Court CR. MISC. No.87413 of 2025(3) dt.20-01-2026
                                                           3/3




                         conditions laid down under Section 438(2) of the Cr.P.C.

                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioners shall

                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioners have antecedent of more than one

                         case, then it would be presumed that petitioners for the purposes

                         of obtaining anticipatory bail had concealed their 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 petitioners have antecedent of one

                         case only, in that event, the provisional anticipatory bail order

                         shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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