Patna High Court
Dhoni Ram @ Dhoni KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s prior convictions.
Summary
The petitioner, Dhoni Ram, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged possession of 10 litres of liquor recovered from his joint family house. He argued that the liquor was not found in his conscious possession, the house is jointly owned, and the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. He also highlighted that the FIR did not disclose the informant, casting doubt on the prosecution's case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a Rs.10,000 bond with two sureties and directed verification of the petitioner’s criminal antecedents, stipulating that if more than two prior cases are found, the bail will not be confirmed, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where alleged possession is not in conscious possession.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender.
- Whether the lack of disclosure of the informant in the FIR affects the propriety of granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- prior convictions
- Section 30
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21447 of 2026
Arising Out of PS. Case No.-890 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Dhoni Ram @ Dhoni Kumar S/o Chandan Ram Resident of Mohalla -
Ambedkar Bhawan Nala Road, P.S - Kadamkua, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 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 has antecedent of two cases under the Excise Act and
allegation is of recovery of 10 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
Patna High Court CR. MISC. No.21447 of 2026(2) dt.01-04-2026
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the house or the liquor kept in the house 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 and the petitioner came to be
implicated at the instance of local person, but then the name of
the person who disclosed the name of the petitioner is not
disclosed in the FIR which casts an aspersion on the case of the
prosecution.
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.
10000/- (Rupees Ten Thousand) 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. 390 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 Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than two
Patna High Court CR. MISC. No.21447 of 2026(2) dt.01-04-2026
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cases 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 has
antecedent of two cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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