Patna High Court
Ram Sajan Kumar @ Ram KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a), 32(2), 32(3), 36, 37, 41(2), 41(4)
- Bihar Negotiable Securities Act — s. 482(2)
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
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anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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