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Patna High Court

Anil HembrumversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioners' antecedents and compliance with the stipulated bond and surety conditions.

Summary

The petitioners, Anil and Babulal Hembrum, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act read with Section 30(a) of the Bihar Excise Act, alleging recovery of 40 litres of liquor from their joint family house. They argued they have clean antecedents, that the liquor was not in their conscious possession, and that the 2018 amendment abolished the concept of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and a condition that the trial court verify the petitioners' criminal antecedents within six weeks. If any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The petitioners were also directed to deposit a further amount with the Advocates’ Association.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under the circumstances.
  • Whether the concept of deemed possession applies post‑2018 amendment of the Bihar Excise Act.
  • Whether the petitioners' clean antecedent status affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • deemed possession
  • liquor
  • excise law
  • joint family property
  • clean antecedent
  • Bihar Narcotic Substances Act
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3970 of 2026
                        Arising Out of PS. Case No.-241 Year-2025 Thana- CHAKAI District- Jamui
                 ======================================================
           1.     Anil Hembrum S/O Kailash Hembrum R/O Village - Pipra, P.s- Chakai,
                  District- Jamui
           2.    Babulal Hembrum S/O Chudka Hembrum R/O Village - Pipra, P.s- Chakai,
                 District- Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satya Prakash Parasar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 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 Section 274 and

                   275 of the BNS read with Section 30(a) of the Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 40 liters of liquor from house of petitioners.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing

                   was recovered from their conscious possession and the house in

                   question is a joint family property, as such, it cannot be alleged
Patna High Court CR. MISC. No.3970 of 2026(2) dt.29-01-2026
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          with certainty that it were petitioners who had kept the liquor in

          the house or the liquor kept in the house was within their

          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 they came to be implicated based

          on secret information which is the easiest way to implicate

          someone without holding a proper investigation.

                       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 Chakai

          P.S. Case No. 241 of 2025 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 petitioners and

          in the event if it is found that any of the petitioners have
            Patna High Court CR. MISC. No.3970 of 2026(2) dt.29-01-2026
                                                        3/3




                      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, but

                      after verification if it is found that petitioners are persons 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, undertakes to deposit an

                      amount of Rs. 1500/- with Advocates’ Association, Patna High

                      Court within a period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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