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Patna High Court

Ravi PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties and verification of antecedents.

Summary

The petitioner, Ravi Prasad, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 25 litres of liquor from his brother's house, which is a joint family property. He argued that he was not arrested at the scene, no liquor was found in his conscious possession, and the concept of deemed possession had been abolished by the 2018 amendment. The prosecution’s case relied on a confessional statement made by his brother while in police custody, which the petitioner contended lacked evidentiary value. The State opposed the grant of anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and a condition that the trial court verify the petitioner’s criminal antecedents, with the bail to be confirmed only if he has at most one prior case.

Issues considered

  • Whether anticipatory bail should be granted when the alleged offence is under Section 30(a) of the Bihar Prohibition and Excise Act and the prosecution relies solely on a confessional statement of a co‑accused.
  • Whether the removal of the deemed‑possession concept by the 2018 amendment affects the petitioner’s liability.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • excise law
  • confessional statement
  • joint family property
  • Section 30
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1202 of 2026
                 Arising Out of PS. Case No.-1086 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Ravi Prasad S/o Late Prahalad Prasad R/o Village- Mathura Ward No. 10,
                 P.S.- Shikarpur, District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bimlesh Kumar Pandey
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State Mr. Chandra Bhushan Prasad.

                                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 has antecedent of one case under the Excise Act and

                   allegation is of recovery of 25 litres of liquor from house of

                   Mithilesh Prasad. 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
Patna High Court CR. MISC. No.1202 of 2026(2) dt.21-01-2026
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          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 based on confessional

          statement of is brother Mithilesh in police custody which does

          not have any evidentiary value.

                       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.5000/- (Rupees five 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 Shikarpur

          P.S. Case No.1086/2025, 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

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.1202 of 2026(2) dt.21-01-2026
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                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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