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Patna High Court

Ram Nath ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with conditions under Section 482(2) of the Bihar Prohibition and Excise Act.

Summary

Ram Nath Chaudhary sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise Act alleging that 10 litres of liquor were recovered from his house, which is a joint family property. The petitioner argued that he had no conscious possession of the liquor, the concept of deemed possession was removed by the 2018 amendment, and he has a clean criminal record. The State opposed the bail, contending that the petitioner could be liable under the excise law. The court considered these submissions and, noting the lack of arrest at the spot and the petitioner’s clean antecedent, granted provisional anticipatory bail subject to a modest bond and two sureties. The order also directed the trial court to verify the petitioner’s antecedents and conditionally confirm the bail if no prior cases are found.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged liquor was found in a joint family house and the petitioner claims no conscious possession.

Subjects

  • anticipatory bail
  • possession
  • excise law
  • joint family property
  • clean antecedent
  • Section 30
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90966 of 2025
                       Arising Out of PS. Case No.-163 Year-2025 Thana- TISIAUTA District- Vaishali
                 ======================================================
                 Ram Nath Chaudhary S/o Panchu Chaudhary R/o village - Tisiauta Dharmpur,
                 P.S - Tisiauta, District - Vaishali

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

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

2   12-01-2026                  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 Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 10 litres of liquor from 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 house was within his

                   knowledge and after amendment in the Excise Act in the year
Patna High Court CR. MISC. No.90966 of 2025(2) dt.12-01-2026
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          2018, the concept of deemed possession and presumed offender

          has been done away with and he came to be implicated at the

          instance of chowkidar but then it is submitted that if chowkidar

          was aware of the involvement of the petitioner in the occurrence

          then why he did not inform the police prior to institution of the

          instant FIR which casts an aspersion on the case of the

          prosecution, when petitioner admittedly is a person with clean

          antecedent.

                       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 Tisiauta

          P.S. Case No.163/2025, 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
             Patna High Court CR. MISC. No.90966 of 2025(2) dt.12-01-2026
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                       event if it is found that petitioner has antecedent of even one

                       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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