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Patna High Court

Sharwan Choudhary @ Sarwan ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedents.

Summary

Sharwan Choudhary was implicated in a case alleging recovery of 83.175 litres of liquor from his house, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He applied for anticipatory bail, contending he has a clean antecedent, the liquor was in a joint family house, and no possession was proved at the time of arrest. The State opposed the bail. The Court 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 antecedents. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision rests on the principles of anticipatory bail and the requirement of establishing possession and antecedent history.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the alleged recovery of liquor from a joint family house establishes possession sufficient to deny bail.
  • Whether the petitioner’s criminal antecedent must be verified before confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • liquor
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • joint family property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.88 of 2026
                   Arising Out of PS. Case No.-262 Year-2025 Thana- LALIT NARAYAN UNIVERSITY
                                                   District- Darbhanga
                 ======================================================
                 Sharwan Choudhary @ Sarwan Chaudhary S/O Late Niranjan Chaudhary
                 Resident of Village - Fatealiganj, Naka No.1, Police Station- LNMU, District-
                 Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Nilendu Kumar Choudhary
                 For the Opposite Party/s :    Mr. Upendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 83.175 litres of liquor from the house of the

                   petitioner. It is next submitted that petitioner was not arrested

                   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 the house or the liquor kept in the
Patna High Court CR. MISC. No.88 of 2026(2) dt.13-01-2026
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          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 and he came to

          be implicated at the instance of local person but then the name

          of the person who disclosed the name of the petitioner is not

          disclosed in the FIR, which casts an aspersion on the case of the

          prosecution.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 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

          University (L.N.M.U.) P.S. Case No.262/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one
             Patna High Court CR. MISC. No.88 of 2026(2) dt.13-01-2026
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                       case, in that event, it would be presumed that petitioner had

                       concealed his antecedent before this court, as such, the

                       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)
amit/-

U        T


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