Patna High Court
Shiv ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent and compliance with conditions under Section 438(2) CrPC.
Summary
Shiv Chaudhary applied for anticipatory bail after the police recovered 25 litres of liquor and 2 litres of spirit from his house in connection with an alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that the liquor was located in a joint family house, that he had no conscious possession, and that the concept of deemed possession had been abolished by the 2018 amendment to the Act. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and that the trial court verify his criminal antecedent. If the verification shows more than three prior cases, the bail will not be confirmed; if only three, it will be confirmed. The order was made under Section 438(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail can be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the concept of deemed possession applies post the 2018 amendment to the Act.
- Whether the joint family nature of the property negates conscious possession by the petitioner.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- deemed possession
- joint family property
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90522 of 2025
Arising Out of PS. Case No.-399 Year-2025 Thana- NARDIGANJ District- Nawada
======================================================
Shiv Chaudhary Son of Late Kameshwar Chaudhary Resident of Village- Pes,
P.S.- Nardiganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Nityanand, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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 the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases and allegation is of
recovery of 15 litres of liquor from the house of the petitioner
apart from other recoveries as detailed in the FIR, as such, total
25 litres of liquor along with two litres of spirit was recovered.
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
cannot be alleged with certainty that it was the petitioner who
Patna High Court CR. MISC. No.90522 of 2025(2) dt.08-01-2026
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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.
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.15,000/- (Rupees Fifteen 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
Nardiganj P.S. Case No. 399 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
it is found that petitioner has antecedent of more than three
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cases, 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 has antecedent of only three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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