Patna High Court
Kavindra Ram @ Kavindar RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted, subject to verification of the petitioner’s antecedent and compliance with conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Kavindra Ram, sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Excise Act for the alleged recovery of 95.040 litres of liquor from his joint family house. He argued that he had no conscious possession of the liquor, that the property is jointly owned, and that the 2018 amendment to the Excise Act eliminated the doctrine of deemed possession. The petitioner also highlighted his clean criminal antecedent and questioned why the watchman (chowkidar) did not inform police earlier if he knew of the petitioner’s involvement. The State opposed the bail, contending that the offence warranted arrest. The Court granted provisional anticipatory bail, subject to a Rs. 500 bond, two sureties, and verification of the petitioner’s antecedent, with the order to be confirmed if the antecedent check remains clean.
Issues considered
- Whether anticipatory bail is appropriate in a case under Section 30(a) of the Bihar Excise Act where the alleged liquor was found in a joint family house and the petitioner claims no possession.
- Whether the post‑2018 amendment to the Bihar Excise Act has abolished the concept of deemed possession and presumed offender.
- Whether the petitioner’s clean criminal antecedent justifies the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- deemed possession
- joint family property
- clean antecedent
- Section 482(2)
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1704 of 2026
Arising Out of PS. Case No.-521 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
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Kavindra Ram @ Kavindar Ram S/O Kajanchi Ram @ Khajanti Ram R/O
Village- Basantpur, Chainpur, PS- Sahebganj, District- Muzaffarpur,Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan, Advocate
For the Opposite Party/s : Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 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
petitioner is a person with clean antecedent and allegation is of
recovery of 95.040 liters of liquor from house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.1704 of 2026(2) dt.22-01-2026
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knowledge and 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 Chowkidar, but then it is submitted that if
Chowkidar was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police prior to
institution of the instant FIR which casts an aspersion on the
case of the prosecution, when petitioner admittedly is a person
with clean antecedent.
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.
500/- (Rupees Five Hundred) 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
Sahebganj P.S. Case No. 521 of 2025 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of even
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 is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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