Patna High Court
Ramji RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail, to be confirmed after verification of the petitioner’s antecedents, under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Ramji Ray, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing five litres of liquor found in his joint family house. He argued that he had a clean antecedent, the liquor was not recovered from his conscious possession, and the concept of deemed possession had been abolished by the 2018 amendment. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioner’s antecedents. If any antecedent is found, the bail would be revoked; otherwise, it would 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 under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged possession is in a joint family property and the petitioner has a clean antecedent.
- Whether the 2018 amendment removing the concept of deemed possession affects the prosecution’s case.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- possession
- joint family property
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25531 of 2026
Arising Out of PS. Case No.-441 Year-2025 Thana- JAKKANPUR District- Patna
======================================================
Ramji Ray S/o Shyam Biharilal Ray @ Shyam Bihari Ray R/o Ramadhar
Gali, P.S.- Jakkanpur, Dist.- Patna Living at Near Hari Om Tower,
Karbigahiya, P.S.- Jakkanpur, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Jiban Pd Singh
For the Opposite Party/s : Ms. Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 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.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 5 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 kept in the house was within his
Patna High Court CR. MISC. No.25531 of 2026(2) dt.21-04-2026
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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 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, when
petitioner admittedly is a person with clean antecedent.
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.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 Jakkanpur P.S. Case No.441/2025, 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 even one
Patna High Court CR. MISC. No.25531 of 2026(2) dt.21-04-2026
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case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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