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Patna High Court

Lalan RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail with conditions, to be confirmed upon verification of the petitioner’s antecedents.

Summary

The petitioner, Lalan Ram, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging that 28.020 litres of liquor were recovered from his joint family house and that he had no conscious possession. He argued that the 2018 amendment abolished the concepts of deemed possession and presumed offender, and that the liquor could not be definitively linked to him. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties and subject to verification of the petitioner’s criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 when the accused claims lack of conscious possession and joint family ownership.
  • Whether the 2018 amendment removing deemed possession and presumed offender concepts affects the bail application.
  • Whether Section 482(2) of the B.N.S.S. empowers the court to grant provisional anticipatory bail subject to verification of antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • joint family property
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22043 of 2026
                     Arising Out of PS. Case No.-477 Year-2025 Thana- Excise P.S. District- Darbhanga
                 ======================================================
                 Lalan Ram Son of Parmeshwar Ram @ Prmeshwer Ram @ Prmeshw Ram @
                 Prmeshwar Sahni Resident of Village - Ward No.- 2, Dani Asrafpur, S.
                 Dagarwara, Keotiranway, P.S.- Keoti, District - Darbhanga (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vinay Kumar Mishra
                 For the Opposite Party/s :        Mr. Akshay Lal Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-04-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 28.020 litres of liquor from house of

                   the petitioner.       It is next submitted that petitioner was not

                   arrested 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
Patna High Court CR. MISC. No.22043 of 2026(2) dt.07-04-2026
                                            2/3




          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 he came to be implicated based on secret information

          which is the easiest way to implicate someone without holding a

          proper investigation.

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

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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.5000/- (Rupees five 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 Excise P.S. Case No.477/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.22043 of 2026(2) dt.07-04-2026
                                                         3/3




                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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