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Patna High Court

Rohit Kumar @ Rohit Ram @ Rohit RautversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail, holding that the absence of conscious possession and the removal of deemed possession under the 2018 amendment preclude continued detention.

Summary

The petitioner, Rohit Kumar, was arrested in connection with the alleged recovery of 60 litres of liquor from a house that is part of a joint family property. He sought bail under Section 30(a) of the Bihar Prohibition and Excise Act, arguing that the liquor was not found in his conscious possession and that the concept of deemed possession had been removed by the 2018 amendment to the Act. The petitioner also contended that the investigation was mechanically driven without proper inquiry, and he had been in custody since 17 October 2025. The State opposed the bail, but the court considered the lack of direct possession, the legislative change, and the procedural deficiencies in the investigation. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether bail can be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of conscious possession of the liquor.
  • Whether the 2018 amendment removing the concept of deemed possession affects the presumption of guilt in excise cases.
  • Whether the investigation conducted by the police was sufficient to justify continued detention.

Subjects

  • bail
  • excise law
  • Bihar Prohibition and Excise Act
  • deemed possession
  • criminal procedure
  • joint family property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4959 of 2026
                    Arising Out of PS. Case No.-206 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Rohit Kumar @ Rohit Ram @ Rohit Raut Son of Binod Raut @ Vinod Ravat
                 @ Bhagnarayan Sahani Resident of Village- Begampur, Balkhana, Ward No.
                 33, P.S.- Town, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar
                 For the Opposite Party/s :      Mr. Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of Bihar Prohibition and

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 60 litres of liquor from house of the

                   petitioner. It is next submitted that petitioner was not arrested

                   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
             Patna High Court CR. MISC. No.4959 of 2026(2) dt.30-01-2026
                                                         2/2




                       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 and he came to

                       be implicated at the instance of local person but then it is

                       submitted that once an accused is implicated in a case relating to

                       excise, the police starts implicating mechanically either through

                       chowkidar, local person, confessional statement or secret

                       information without holding a proper investigation and the

                       petitioner is in custody since 17.10.2025.

                                     4. Learned A.P.P. opposes the prayer for bail of the

                       petitioner.

                                     5. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, is

                       directed to be released on bail on furnishing bail bonds of

                       Rs.10,000/- (Rupees ten 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 Town

                       P.S. Case No.206/2025.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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