Patna High Court
Suraj Ram @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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
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