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Patna High Court

Ram Awatar SaoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedents and compliance with the conditions imposed under Section 482(2) of the CrPC.

Summary

The petitioners, Ram Awatar Sao and Rahul Kumar, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged possession of 1.08 litres of liquor. They contended that they were not caught in possession, the alleged recovery was based on a co-accused's confession made in police custody, and that the 2018 amendment to the Excise Act abolished the doctrine of deemed possession and presumed offender. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 with two sureties and directed verification of the petitioners' criminal antecedents. It held that if the petitioners have more than two prior cases, the bail may be withdrawn, but if the antecedent is limited to two cases, the provisional bail will be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 30(a) of the Bihar Excise Act.
  • Whether the doctrine of deemed possession and presumed offender, removed by the 2018 amendment, applies to the present case.
  • Whether a confessional statement of a co-accused made in police custody is admissible for implicating the petitioners.
  • Whether the petitioners' criminal antecedent of two prior cases affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • confessional statement
  • criminal antecedent
  • Section 30(a) Bihar Excise Act
  • CrPC Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21183 of 2026
                      Arising Out of PS. Case No.-89 Year-2026 Thana- KADAMKUAN District- Patna
                 ======================================================
           1.     Ram Awatar Sao Resident of Village - Bakarganj Near Rupak Cinema, P.S. -
                  Bakarganj, District - Patna.
           2.    Rahul Kumar Son of Ram Awatar Sao Resident of Village - Bakarganj Near
                 Rupak Cinema, P.S. - Bakarganj, District - Patna.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Kumar Sinha
                 For the Opposite Party/s :      Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners have antecedent of two cases and allegation is of

                   recovery of 1.08 litres of liquor from possession of Kallu.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was

                   recovered from their conscious possession and even the alleged

                   recover is from Kallu with whom petitioners have no concern or
Patna High Court CR. MISC. No.21183 of 2026(2) dt.01-04-2026
                                            2/3




          relation and they came to be implicated based on confessional

          statement of Kallu in police custody which does not have any

          evidentiary value. 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. It

          is further submitted that of late police has started implicating

          accused person who has antecedent other than Excise in cases

          relating to Excise for obvious reason without holding a proper

          investigation.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)

          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 Kadamkuan P.S. Case No. 89 of 2026

          subject to the conditions as laid down under Section Section

          482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioners and in the
              Patna High Court CR. MISC. No.21183 of 2026(2) dt.01-04-2026
                                                          3/3




                        event if it is found that petitioners have antecedent of more than

                        two cases then it would be presumed that petitioners, for the

                        purposes of seeking anticipatory bail, had concealed their

                        antecedent before this Court, as such, the provisional anticipatory

                        bail order shall not be confirmed with respect to that petitioner

                        who had concealed his criminal antecedent before this Court, but

                        after verification if it is found that petitioners have antecedent of

                        two cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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