Patna High Court
Ram Nath ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
2/3
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
3/3
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
Checking your session…