Patna High Court
Hareram Das @ Hareram KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bond, sureties, and verification of the petitioner’s antecedents.
Summary
Hareram Das, the petitioner, feared arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 116 litres of liquor at his joint family house. He argued that the alleged defect of a missing Rs. 50 welfare stamp could be remedied and that the typed copy defect should be ignored. He further contended that no liquor was seized from his personal possession, the property is jointly owned, and the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 20,000 with two sureties and directed verification of his criminal antecedents, stating that if more than four prior cases are found, the bail would not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the procedural defect of a missing welfare stamp can be condoned.
- Whether the absence of seizure from the petitioner’s personal possession negates liability.
- Whether joint family ownership of the premises precludes attribution of possession to the petitioner.
- Effect of the 2018 amendment removing deemed possession and presumed offender concepts on bail eligibility.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- prior convictions
- procedural defect
- welfare stamp
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40935 of 2026
Arising Out of PS. Case No.-226 Year-2026 Thana- SAHARSA SADAR District- Saharsa
======================================================
Hareram Das @ Hareram Kumar S/o Late Umesh Das Resident of Village -
Nariyar, Ward No.- 10, P.s.- Sadar (Saharsa), District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-06-2026 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 Section 30(a) of the
Bihar Excise Act.
3. The learned counsel for the petitioner submits that
the the defect with regard to deficit welfare stamp of Rs. 50, as
pointed out by the office, shall be deposited by tomorrow. It is
further submitted that the other defect with regard to filing of
typed copy be ignored.
4. The defect, as pointed out by the office with regard
to filing of typed copy, is hereby ignored and time till tomorrow
is given to the petitioner to deposit the welfare stamp of Rs. 50.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.40935 of 2026(2) dt.24-06-2026
2/3
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 116 liters of liquor from house of the
petitioner.
6. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and the house in
question is a joint family property, as such, it cannot be alleged
with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within his
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. It is next submitted that it does not
appear probable that local person would have known who had
concealed the liquor in the house and if local person was aware
of the involvement of the petitioner in the occurrence then why
he did not inform the police prior to institution of the instant
FIR which casts an aspersion on the case of the prosecution.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. 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
Patna High Court CR. MISC. No.40935 of 2026(2) dt.24-06-2026
3/3
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
20000/- (Rupees Twenty Thousand) 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 Saharsa
Sadar P.S. Case No. 226 of 2026 subject to the conditions as laid
down under Section 482 (2) of the BNSS.
9. 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 more than four
cases 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 has
antecedent of four cases, in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.