Patna High Court
Ramanand UraonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to a bail bond, sureties and verification of his antecedent cases.
Summary
The petitioner, Ramanand Uraon, feared arrest in a case under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act for alleged recovery of 20 litres of liquor from his joint‑family house. He argued that no liquor was found in his conscious possession, that the house is a joint property, and that the 2018 amendment to the Act abolished the doctrine of deemed possession, rendering the police reliance on secret information insufficient. The State opposed the anticipatory bail application. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedents and the conditions of Section 482(2) of the B.N.S.S. The order was conditioned that if more than one antecedent case is found, the bail may be withdrawn; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted in a case of alleged possession of liquor under the Bihar Prohibition and Excise Act.
- Whether the 2018 amendment removing the concept of deemed possession affects the applicability of the charges.
- Whether reliance on secret information alone justifies arrest and denial of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- secret information
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13761 of 2026
Arising Out of PS. Case No.-174 Year-2024 Thana- NARPATGANJ District- Araria
======================================================
Ramanand Uraon S/o Late Mahadev Uraon Resident of Village- Belsandi,
Ward No. 14, P.S.- Narpatganj, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a) and 37(c) 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 20 litres of liquor from house of the
petitioner. 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 amendment in
Patna High Court CR. MISC. No.13761 of 2026(2) dt.12-03-2026
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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 secret information which is
the easiest way to implicate someone. It is next 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.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Judge Excise-I, Araria in connection with Narpatganj
P.S. Case No.174 of 2024, subject to the conditions laid down
under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.13761 of 2026(2) dt.12-03-2026
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accepting the provisional bail bond of the petitioner 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
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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