Patna High Court
Arun HembramversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to verification of antecedents and compliance with conditions under Section 438(2) Cr.P.C.
Summary
The petitioners, Arun Hembram and Sukhlal Hembram, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in a case registered under Section 30(a) of the Excise Act for alleged possession of liquor. They argued they have clean antecedents, the liquor was recovered from a joint family house and not from their conscious possession, and recent amendments to the Excise Act have done away with the concept of deemed possession. The State opposed the bail. The Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of their antecedents by the trial court. The order stipulated that if any criminal antecedent is discovered, the provisional bail would not be confirmed. The Court allowed the application and set conditions for confirmation of bail.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act where possession is not proven and the accused have clean antecedents.
- Effect of the amendment removing the concept of deemed possession on the grant of anticipatory bail.
- What conditions must be imposed under Section 438(2) of the Cr.P.C. for granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- Section 438
- possession
- clean antecedent
- provisional bail
- joint family property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20582 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- PRANPUR District- Katihar
======================================================
1. Arun Hembram S/O Late Chunnu Hembram Resident of Village-
Pathwarwar, P.s.- Pranpur, District- Katihar
2. Sukhlal Hembram @ Sakla @ Sukalal Hembram S/O Late Chunnu
Hembram Resident of Village- Pathwarwar, P.s.- Pranpur, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Allama Abdul Quadir Jamal Faridi
For the Opposite Party/s : Mr.Pranav Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
allegation is of recovery of 17 litres of liquor from house of the
petitioner no.1, 25 litres of liquor from the house of the
petitioner no.2 along with 17 litres of liquor from house of
Manju Hasda.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.20582 of 2026(2) dt.31-03-2026
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petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even the house in
question is a joint family property and thus, it cannot be alleged
with certainty that it were the petitioners, who had kept the
liquor in the house or the liquor kept in the house was within
their knowledge and after Amendment in the Excise Act, 2018,
the concept of deemed possession and presumed offender has
been done away with and they came to be implicated based on
secret information, which is the easiest way to implicate
someone without holding a proper investigation, when
admittedly petitioners are persons with clean antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.500/- (Rupees Five Hundred) each 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 Pranpur P. S. Case No.34 of 2026, subject to
Patna High Court CR. MISC. No.20582 of 2026(2) dt.31-03-2026
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the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their 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 petitioners are persons with clean
antecedent, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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