Patna High Court
Prabhu RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail, subject to conditions and verification of antecedents, under Section 482(2) of the BNSS.
Summary
The petitioner, Prabhu Ram, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 54 litres of liquor from the courtyard of his joint‑family house. He argued that the liquor was not in his conscious possession, the house being a joint family property, and that the amendment to the Excise Act in 2018 had abolished the concepts of deemed possession and presumed offender. He further contended that the FIR did not disclose the informant’s name, casting doubt on the prosecution’s case, and that police investigations in excise matters are often mechanical. The State opposed the bail. The court, considering these submissions, granted provisional anticipatory bail subject to a Rs. 5,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents before confirming the bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the absence of conscious possession and the joint‑family nature of the property negate the charge of possession.
- Whether the amendment of 2018 removing deemed possession affects the prosecution’s case.
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- Section 30
- Section 482
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12883 of 2026
Arising Out of PS. Case No.-393 Year-2025 Thana- Excise P.S. District- Supaul
======================================================
Prabhu Ram S/O Late Jalebi Ram R/O vill.- Maheshpur, Ward no.- 12, P.S-
Pipra, Dist- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Adv
For the Opposite Party/s : Mr.Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 54 litres of liquor from courtyard of
the house of the petitioner.
4. Learned counsel for the petitioner submits that the
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
Patna High Court CR. MISC. No.12883 of 2026(2) dt.10-03-2026
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the house or the liquor kept in the house was within knowledge
of the petitioner. It is next submitted that 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 local people, but
then the name of the person, who disclosed the name of the
petitioner is not disclosed in the FIR, which casts an aspersion
on the case of the prosecution. It is further submitted that once
an accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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. 5,000/- (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 Excise Case No. 4120
of 2025 arising out of Excise Supaul P.S. Case No. 393 of 2025,
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subject to the conditions as laid down under Section 482(2) of the
BNSS.
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 one
case 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 one case in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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