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Patna High Court

Ravi HembramversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that, pending verification of the petitioner’s antecedent, provisional anticipatory bail may be granted subject to the conditions prescribed under Section 438(2) CrPC and Section 482(2) B.N.S.S.

Summary

The petitioner, Ravi Hembram, sought anticipatory bail after an FIR was lodged alleging that 180 litres of liquor and 12 kg of Naushadar tablets were recovered from his house, invoking Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He contended that he has a clean antecedent, that the liquor was stored in a joint‑family house and not in his conscious possession, and that the amendment to the Excise Act had abolished the doctrine of deemed possession. The State opposed the bail, arguing that the allegations warranted arrest. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner’s criminal antecedent. It directed that if the antecedent check reveals any prior case, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Negotiable Securities Act.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC in view of the alleged possession of liquor and Naushadar tablets under the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the amendment removing the concept of deemed possession affects the petitioner’s liability and the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • deemed possession
  • joint family property
  • clean antecedent
  • CrPC Section 438
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20520 of 2026
                        Arising Out of PS. Case No.-72 Year-2024 Thana- KORHA District- Katihar
                 ======================================================
                 Ravi Hembram S/o Late Shiva Hembram R/o Village - Sri Kole (Santhali
                 Tola), P.S - Korha, District - Katihar
                                                                      ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pawan Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Satyendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 180 litres of liquor from the house of the petitioner

                   along with 12 Kg. of Naushadar Tablet.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that the house in question is a joint family property, as such, it

                   cannot be alleged with certainty that it was the petitioner who

                   had kept the liquor in the house or the liquor kept in the house
Patna High Court CR. MISC. No.20520 of 2026(2) dt.31-03-2026
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          was within his 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. It is next

          submitted that petitioner came to be implicated at the instance of

          the Chawkidar with whom he is on an inimical term. It is also

          submitted that if the Chawkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to the 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, let the petitioner, above-named, in the

          event of his arrest or surrender 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 Korha P.S. Case No. 72 of 2024, subject to

          the conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S.
           Patna High Court CR. MISC. No.20520 of 2026(2) dt.31-03-2026
                                                       3/3




                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of even one case,

                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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