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Patna High Court

Prabhu RamversusThe State of Bihar

Decided
Disposal
DISPOSED

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,
              Patna High Court CR. MISC. No.12883 of 2026(2) dt.10-03-2026
                                                          3/3




                        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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