Patna High Court
Ravi PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 482(2)
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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