Patna High Court
Anil HembrumversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
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
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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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