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Patna High Court

Ram Sajan Kumar @ Ram KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Ram Sajan Kumar, was implicated in a case under several sections of the Bihar Excise Act for allegedly recovering 211.5 liters of liquor from a bus. He argued that he had no direct possession of the liquor, was not the owner of the vehicle, and the case was based solely on a confessional statement made by Manoj while in police custody, which he claimed lacked evidentiary value. The petitioner also highlighted that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to the petitioner surrendering within six weeks, furnishing bail bonds and sureties, and the trial court verifying his criminal antecedent before confirming the bail.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Excise Act where the alleged offence is based on a confessional statement of a third person.
  • Whether the 2018 amendment removing deemed possession and presumed offender affects the petitioner’s liability.
  • Whether the trial court must verify the petitioner’s criminal antecedent before confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offences
  • deemed possession
  • confessional statement
  • provisional bail
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33558 of 2026
                      Arising Out of PS. Case No.-21 Year-2026 Thana- DANIYAWAN District- Patna
                 ======================================================
                 Ram Sajan Kumar @ Ram Kumar S/o Sitaram Ram Yadav Resident of
                 Village - Badari Bigha, P.S. - Masaurhi, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Sinha
                 For the Opposite Party/s :      Mr. Umanath Mishra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                  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 Sections 30(a), 37,

                   32(3), 32(2), 36, 41(4) and 41(2) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 211.5 liters of liquor from a bus.

                                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 is not the

                   owner of the seized vehicle and came to be implicated based on

                   confessional statement of Manoj in police custody which does

                   not have any evidentiary value. It is next submitted that after
Patna High Court CR. MISC. No.33558 of 2026(2) dt.14-05-2026
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          amendment in the excise act in the year 2018, the concept of

          deemed possession and presumed offender has been done away

          with.

                       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.

          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

          Daniyawan P.S. Case No. 21 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 Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          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 is a

          person with clean antecedent in that event the provisional
            Patna High Court CR. MISC. No.33558 of 2026(2) dt.14-05-2026
                                                        3/3




                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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