Created by Fuzzy Cloud

Patna High Court

Suraj Ram @ Suraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions.

Summary

The petitioner, Suraj Ram, was implicated in a case alleging possession of 43.41 litres of liquor, 19.5 litres of beer and a motorcycle, offences punishable under Sections 30(a), 32(2) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that the liquor was stored in a joint‑family house, that he had no conscious possession, and that the 2018 amendment had abolished the doctrine of deemed possession, making the charge untenable. The State opposed the anticipatory bail application. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 482(2) of the Criminal Procedure Code, directing the trial court to verify the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail would be cancelled; otherwise, it would be confirmed. The application was therefore allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite allegations under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the concept of deemed possession applies after the 2018 amendment of the Excise Act.
  • Whether the petitioner’s clean antecedent and lack of conscious possession justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • excise law
  • joint family property
  • clean antecedent
  • provisional bail
  • Section 482
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56901 of 2025
                   Arising Out of PS. Case No.-160 Year-2025 Thana- KAJI MUHAMMADPUR District-
                                                      Muzaffarpur
                 ======================================================
                 Suraj Ram @ Suraj Kumar S/O Rudal Ram Resident of Village- Aghoria
                 Bazar, P.S- Kazi Mohammadpur, Distt.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sagar Kumar, Advocate
                 For the Opposite Party/s :     Mr. Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   05-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 30(a), 32(2) and

                   32(3) of Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 43.41 litres of liquor along with 19.5 litres of beer

                   from house of the petitioner along with a motorcycle. 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
Patna High Court CR. MISC. No.56901 of 2025(3) dt.05-01-2026
                                            2/3




          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 and the petitioner came to be

          implicated based on secret information which is the easiest way

          to implicate someone without holding a proper investigation.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of the learned Special

          Judge, Excise, Court No.-I, Muzaffarpur in connection with

          Kazi Mohammadpur P.S. Case No.160 of 2025, subject to the

          conditions laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.56901 of 2025(3) dt.05-01-2026
                                                           3/3




                         found that petitioner has antecedent of even one case, then it

                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present 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.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.