Patna High Court
Ranjan KewatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s antecedents.
Summary
The petitioner, Ranjan Kewat, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of liquor recovered from his house and that of another. He argued that the liquor was located in a joint family property, he had no conscious possession, and the only evidence was a confession by his father made while in police custody, which he claimed was coerced and thus inadmissible. The State opposed the bail. The High Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and deposit Rs.2,500 with the Advocates’ Association, subject to verification of his criminal antecedents. If any antecedent is found, the bail may be revoked; otherwise, it will be confirmed. The order reflects the court’s discretion under Section 482(2) of the CrPC to prevent arrest pending trial.
Issues considered
- Whether anticipatory bail can be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether a confession made by the petitioner’s father while in police custody is admissible as evidence.
- Whether the fact that the alleged liquor was found in a joint family property negates presumed possession by the petitioner.
- Whether the petitioner is entitled to bail pending verification of his criminal antecedents.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- possession
- joint family property
- confession
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5165 of 2026
Arising Out of PS. Case No.-333 Year-2025 Thana- SIKANDRA District- Jamui
======================================================
Ranjan Kewat S/O Late Chandrika Kewat R/O Village- Baladih, Post Office-
Baladih, Police Station- Sikandra, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha
For the Opposite Party/s : Mr. Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 25 litres of liquor from house of the petitioner and
30 litres of liquor from house of Bishundeo Kewar. 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 house was within his
Patna High Court CR. MISC. No.5165 of 2026(2) dt.02-02-2026
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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 based on
confessional statement of his father in police custody which
does not have any evidentiary value. It is also submitted that he
came to be implicated based on disclosure of his father but then
it is submitted that his father was made to confess the name of
the petitioner by the police. It is also submitted that his father
was not arrested.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees five hundred) 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 Sikandra
P.S. Case No.333/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
Patna High Court CR. MISC. No.5165 of 2026(2) dt.02-02-2026
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shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.2500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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