Created by Fuzzy Cloud

Patna High Court

Amarjeet Ram @ Amarjeet KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that, in view of the amendment removing deemed possession and the petitioners’ clean antecedent, provisional anticipatory bail could be granted subject to verification of antecedent and compliance with the stipulated conditions.

Summary

Amarjeet Ram and Shambhu Ram were implicated in a case under Sections 30(a) and 30(c) of the Bihar Excise Act for alleged recovery of liquor from their residences, which are part of a joint family property. The petitioners, who have no prior criminal record, argued that the liquor was not in their conscious possession and that the 2018 amendment to the Excise Act had abolished the concept of deemed possession. They sought anticipatory bail, contending that the investigation was based on secret information and lacked proper proof of their knowledge of the liquor. The State opposed the bail. The High Court, considering the clean antecedent of the petitioners and the statutory amendment, granted provisional anticipatory bail subject to a modest bond, sureties, and verification of any criminal antecedent, with the order to be confirmed if the petitioners are found to have no prior cases. The petitioners were also directed to deposit a sum with the Advocates’ Association as part of the conditions.

Issues considered

  • Whether anticipatory bail can be granted when alleged possession of liquor is not in conscious possession and the concept of deemed possession has been removed by amendment.
  • Whether the fact that the liquor was found in a joint family house can be attributed to the individual petitioners for the purpose of bail.
  • Whether the conditions prescribed under Section 482(2) of the BNSS are satisfied for granting provisional anticipatory bail.

Subjects

  • anticipatory bail
  • excise law
  • possession
  • joint family property
  • clean antecedent
  • Section 30
  • Bihar Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3411 of 2026
                 Arising Out of PS. Case No.-181 Year-2025 Thana- EXCISE ROSERA District- Samastipur
                 ======================================================
           1.     Amarjeet Ram @ Amarjeet Kumar S/o Late Sone Lal Ram Resident of
                  Village- Rupauli, PS- Vibhutipur, District- Samastipur
           2.    Shambhu Ram @ Shambhu Kumar Ram @ Shamhu Kumar Ram S/o Hari
                 Kishun Ram Resident of Village- Rupauli, PS- Vibhutipur, District-
                 Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shashank Shekhar
                 For the Opposite Party/s :      Ms.Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   30(c) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are person with clean antecedent and allegation is of

                   recovery of 55 litres of liquor from different places out of which

                   2 litres of liquor is alleged to have been recovered from the

                   house of petitioner no. 1 and 10 litres of liquor is alleged to have

                   been recovered from the house of petitioner no. 2.

                             4.    Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.3411 of 2026(2) dt.29-01-2026
                                            2/3




          petitioners were not arrested from the spot as such nothing was

          recovered from their conscious possession and after 2018

          amendment in the Excise Act, the concept of deemed possession

          and presumed offender has been done away with. It is next

          submitted that the house in question is a joint family property as

          such it cannot be alleged with certainty that it were petitioners

          who had kept the liquor in the house or the liquor kept in the

          house was within knowledge of the petitioners and they came to

          be implicated based on secret information which is the easiest

          way     to    implicate      someone       without   holding a   proper

          investigation, when petitioners admittedly are persons with

          clean antecedent.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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) each 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 Rosera
              Patna High Court CR. MISC. No.3411 of 2026(2) dt.29-01-2026
                                                          3/3




                        Excise P.S. Case No. 181 of 2025, subject to the conditions as

                        laid down under Section Section 482(2) of the BNSS.

                                 7.     It is made clear that thereafter the learned Trial Court

                        shall verify the criminal antecedent of the petitioners and in the

                        event if it is found that petitioners have antecedent of even one

                        case then it would be presumed that petitioners, for the purposes of

                        seeking anticipatory bail, had concealed their antecedent before

                        this Court, as such, the provisional anticipatory bail order shall not

                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioners are person with clean antecedent in that

                        event the provisional anticipatory bail order shall be confirmed

                        forthwith.

                                 8.     At this stage, the learned counsel for the petitioners

                        based on instruction submits that petitioners undertake to deposit

                        an amount of Rs. 1,500/- with Advocates’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.