Patna High Court
Ram Pravesh Ray @ Ram Pravesh @ Rampravesh Rai @ PraveshversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.
Summary
The petitioner, Ram Pravesh Ray, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 22.4 litres of liquor from a hut not owned by him. He argued that he was not caught in possession, that the recovery was based on a confessional statement of another accused, and that the concept of deemed possession had been abolished after the 2018 amendment to the Excise Act. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail, requiring a bail bond of Rs. 25,000 with two sureties, subject to verification of the petitioner’s criminal antecedent within six weeks. If more than five 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 the accused was not found in possession of the liquor.
- Whether the amendment to the Bihar Excise Act in 2018 abolishes the concepts of deemed possession and presumed offender for the purpose of bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- deemed possession
- criminal antecedent
- Section 30
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30684 of 2026
Arising Out of PS. Case No.-166 Year-2026 Thana- BHAGWAN BAZAR District- Saran
======================================================
Ram Pravesh Ray @ Ram Pravesh @ Rampravesh Rai @ Pravesh Son of Raj
Kishor Ray @ Kishor Rai Resident of Village- Katra Baradari, P.S.- Bhagwan
Bazar, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Ranjan
For the Opposite Party/s : Mr. Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 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 five cases under the Excise Act and
allegation is of recovery of 22.4 liters of liquor from a hut.
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 even alleged
recovery is from a hut which does not belong to the petitioner
and he came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.30684 of 2026(2) dt.06-05-2026
2/3
apprehended accused in police custody which does not have any
evidentiary value. It is next submitted that after amendment in
the excise act in the year 2018, the concept of deemed
possession and presumed offender has been done away with. It
is also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
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.
25000/- (Rupees Twenty 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 Bhagwan Bazar P.S. Case No. 166 of 2026 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.30684 of 2026(2) dt.06-05-2026
3/3
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than five 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 five
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…