Created by Fuzzy Cloud

Patna High Court

Kishunandan RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his criminal antecedent.

Summary

The petitioner, Kishunandan Ram, applied for anticipatory bail under Section 438 of the Cr.P.C. in a case registered under Section 30(a) of the Excise Act for alleged recovery of 92.745 litres of liquor from his joint family house. He argued that the liquor was not in his conscious possession, the house is jointly owned, and the amended Excise Act has done away with the concepts of deemed possession and presumed offender. The State opposed the bail, contending the petitioner has seven prior cases under the Excise Act. The court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.35,000 with two sureties, subject to verification of his antecedents. It further stipulated that if more than seven prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 Cr.P.C. in a case under Section 30(a) of the Excise Act
  • Whether the petitioner can be deemed to be in possession of liquor recovered from a joint family property
  • Whether reliance on secret information alone justifies denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • deemed possession
  • secret information
  • joint family property
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6839 of 2026
                    Arising Out of PS. Case No.-266 Year-2025 Thana- KHANPURA District- Samastipur
                 ======================================================
                 Kishunandan Ram S/o Surendra Ram @ Sohindra Ram Resident of Village-
                 Masina, P.S.- Khanpur, Dist.- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shubhesh Pandey
                 For the Opposite Party/s :       Mr.Chandra Bhushan Prasad- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of seven cases under the Excise

                   Act and allegation is of recovery of 92.745 litres of liquor from

                   the house of the petitioner.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the house in

                   question is a joint family property and thus, it cannot be alleged

                   with certainty that it was the petitioner, who had kept the liquor
Patna High Court CR. MISC. No.6839 of 2026(2) dt.19-02-2026
                                            2/3




          in the house or the liquor kept in the house was within his

          knowledge and after Amendment in the Excise Act, 2018, the

          concept of deemed possession and presumed offender has been

          done away with and he came to be implicated based on secret

          information, which is the easiest way to implicate someone. It is

          next submitted that police in majority of cases implicating

          innocent persons either at the behest of Chaukidar, local person,

          secret information and confessional statement in a mechanical

          manner without holding a proper investigation.

                       5. Learned A.P.P. Sri Chandra Bhushan Prasad

          opposes the anticipatory bail application.

                       6. 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.35,000/- (Rupees Thirty Five 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 Khanpur P. S. Case No.266 of 2025, subject to

          the conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.
               Patna High Court CR. MISC. No.6839 of 2026(2) dt.19-02-2026
                                                           3/3




                                      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

                         found that petitioner has antecedent of more than seven cases,

                         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 has antecedent of seven cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

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.