Patna High Court
ASHOK RAM @ HITWA RAJWANSHIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
Ashok Ram was implicated in a case under Section 47(a) of the Bihar Prohibition and Excise Act for allegedly possessing 30 litres of liquor recovered from his house, which is a joint family property. He argued that he was not arrested at the spot, had no conscious possession, and possessed a clean antecedent. The State opposed his application for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties, and that the trial court verify his criminal antecedent. If any antecedent is found, the bail may be withdrawn; otherwise, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail is appropriate in a case of alleged possession of liquor under Section 47(a) of the Bihar Prohibition and Excise Act
- Whether the post‑2018 amendment eliminating the concepts of deemed possession and presumed offender affects the bail application
- Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 47(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- possession
- liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- joint family property
- Cr.P.C. Section 438
- B.N.S.S. Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29137 of 2026
Arising Out of PS. Case No.-538 Year-2014 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
ASHOK RAM @ HITWA RAJWANSHI S/o BADRI RAJWANSHI R/o vill -
JP Nagar, P.S.- Govindpur, Distt.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarendra Kumar, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-06-2026 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 47(a) of the 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 30 litres of liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that the house in question is a joint family property, as such, it
cannot be alleged with certainty that it was the petitioner who
had kept the liquor in the house or the liquor kept in the house
Patna High Court CR. MISC. No.29137 of 2026(3) dt.22-06-2026
2/3
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 the secret information which is the easiest
way to implicate someone without holding a proper
investigation of the case, when petitioner admittedly is a person
with clean antecedent.
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 appearing on behalf of the petitioner, let 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 G.O. Case No. 538
of 2014, subject to the conditions as laid down under Section
438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
Patna High Court CR. MISC. No.29137 of 2026(3) dt.22-06-2026
3/3
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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