Patna High Court
CR. MISC./54683/2026 of Raja Chaudhary @ Raja Kumar Vs The State of Bihar on 7 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54683 of 2026 Arising Out of PS. Case No.-542 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Raja Chaudhary @ Raja Kumar S/o Amarnath Mahto @ Amar Chaudhary R/o Jhakhiya, P.S.-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54683 of 2026
Arising Out of PS. Case No.-542 Year-2025 Thana- BANJARIA District- East Champaran ======================================================
Raja Chaudhary @ Raja Kumar S/o Amarnath Mahto @ Amar Chaudhary R/o Jhakhiya, P.S.- Banjariya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Sumit Kumar Srivastva
For the Opposite Party/s :
Mr. Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
07-08-2026
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 274 and 275 of the BNS, 2023 read with Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases under the Excise Act and allegation is of recovery of 50.93 liters of liquor from five different places out of which 6.480 liters of liquor is alleged to have recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and the house in Patna High Court CR. MISC. No.54683 of 2026(2) dt.07-08-2026
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 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 with whom he is on an inimical term. It is also submitted that it does not appear probable that Chowkidar would have known who had concealed the liquor in the house.
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, 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. 10,000/- (Rupees Ten 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 Banjaria P.S. Case No. 542 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.54683 of 2026(2) dt.07-08-2026
7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than two cases then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of two cases only, in that event the provisional anticipatory bail order shall be confirmed forthwith.
Rishabh/- (Satyavrat Verma, J) U T