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Patna High Court

Jayprakash Ram @ Jay Prakash RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to a bail bond, sureties and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Jayprakash Ram, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Sections 274 and 275 of the B.N.S. and Section 30(a) of the Excise Act, involving the alleged recovery of 206.58 litres of liquor from a jointly owned family house. He argued that he was not arrested, that no liquor was found in his conscious possession, and that the 2018 amendment to the Excise Act had abolished the doctrine of deemed possession, rendering the charge untenable. The State opposed the bail, contending that the offences were cognizable. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, with the bail to be confirmed only if the antecedent is limited to a single prior case. The order was made subject to the conditions of Section 438(2) CrPC.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged possession of liquor under the Excise Act and Sections 274/275 of the B.N.S.
  • Whether the 2018 amendment removing the concept of deemed possession affects the grant of bail.
  • Whether the credibility of the informant (chaukidar) impacts the bail decision.
  • What conditions must be imposed on provisional anticipatory bail under Section 438(2) CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • deemed possession
  • joint family property
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26342 of 2026
                  Arising Out of PS. Case No.-21 Year-2026 Thana- ANDHRATHARHI District- Madhubani
                 ======================================================
                 Jayprakash Ram @ Jay Prakash Ray S/O Late Shyam Sundar Ray @
                 Gadhoushi Ray R/O Village - Sahuriya, P.S- Andhrathari, Distt.- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ratnakar Jha
                 For the Opposite Party/s :      Mr.Parmanand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 274 and 275 of the B.N.S. and Section 30(a) of the

                   Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 206.58 litres of liquor from

                   house of the petitioner.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the house in

                   question is a joint family property and thus, it cannot be alleged
Patna High Court CR. MISC. No.26342 of 2026(2) dt.22-04-2026
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          with certainty that it was the petitioner, who had kept the liquor

          in the house or the liquor kept in the house was within his

          knowledge and after Amendment in the Excise Act, 2018, the

          concept of deemed possession and presumed offender has been

          done away with and he came to be implicated at the instance of

          Chaukidar with whom he is on an inimical term. It is further

          submitted that if Chaukidar was aware of the involvement of the

          petitioners in the occurrence, then why he did not inform the

          police prior to institution of the present F.I.R., which casts an

          aspersion on the case of the prosecution.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (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 Andhrathari P. S. Case No.21 of 2026, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.
               Patna High Court CR. MISC. No.26342 of 2026(2) dt.22-04-2026
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                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than one case, then

                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his 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 petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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