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Patna High Court

Pradip ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with bail conditions.

Summary

Petitioner Pradip Chaudhary was implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for allegedly possessing 25 litres of liquor and 180 litres of fermented Jawa Mahua recovered from his house, which is a joint family property. He applied for anticipatory bail, arguing he has a clean antecedent, the liquor was not in his conscious possession, and the 2018 amendment to the Excise Act abolished the concept of deemed possession. The State opposed the bail. The High Court, considering the 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 may be cancelled; otherwise, the bail will be confirmed. The order was made under Section 438(2) of the Criminal Procedure Code.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in view of the alleged possession of liquor.
  • Whether the concept of deemed possession applies after the 2018 amendment to the Bihar Prohibition and Excise Act.
  • Whether the joint family nature of the property affects the petitioner’s liability.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • joint family property
  • criminal antecedent
  • Section 438
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89214 of 2025
                  Arising Out of PS. Case No.-248 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
                 ======================================================
                 Pradip Chaudhary S/O Ramlagan Chaudhary Resident of Village- Jamirganj,
                 P.S.- Sherghati, District- Gaya,
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Md. Shakir Ahmad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  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 Sections 30(a) and

                   32(3) of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 25 litres of liquor from the house of the petitioner

                   along with 180 litres of fermented Jawa Mahua which was

                   destroyed and other recoveries from the house of co-accused as

                   recorded in the FIR.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that the house in question is a joint family property, as such, it
Patna High Court CR. MISC. No.89214 of 2025(2) dt.05-01-2026
                                            2/3




          cannot be alleged with certainty that it was the petitioner who

          had kept the liquor in 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 next

          submitted that petitioner came to be implicated based on the

          secret information which is the easiest way to implicate

          someone without holding a proper investigation of the case.

                       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, let 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 Excise

          Sherghati P.S. Case No. 248 of 2025, subject to the conditions as

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

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if
           Patna High Court CR. MISC. No.89214 of 2025(2) dt.05-01-2026
                                                       3/3




                     it is found that petitioner has antecedent of even one case, it

                     would be presumed that petitioner had concealed his antecedent

                     before this Court at para 3 of the anticipatory bail application in

                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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