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Patna High Court

Vikash RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail with conditions, pending verification of the petitioner's antecedent.

Summary

Vikash Ram sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of 40 litres of liquor from his joint family house. He argued that he had no conscious possession, the liquor was stored in a family property, and the 2018 amendment to the Excise Act had abolished the doctrine of deemed possession. The State opposed the bail, contending the offence warranted arrest. The court, considering the petitioner's clean antecedent and the factual uncertainties, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of his criminal record within six weeks. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where alleged possession is in a joint family house and the accused claims no conscious possession.
  • Whether the 2018 amendment removing the concept of deemed possession affects the prosecution's case and the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • excise law
  • possession
  • joint family property
  • clean antecedent
  • Section 30
  • Bihar Excise Act
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84669 of 2025
                   Arising Out of PS. Case No.-129 Year-2025 Thana- INARWA District- West Champaran
                 ======================================================
                 Vikash Ram S/o Jag Ram Resident of village - Pirari, P.S - Inarwa, District -
                 West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Kishor Mishra, Advocate
                 For the Opposite Party/s :       Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 40 liters of liquor from house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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.84669 of 2025(3) dt.19-01-2026
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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 at the

          instance of Chowkidar, but then it is submitted that if

          Chowkidar was aware of the involvement of the petitioner in the

          occurrence then why he did not inform the police prior to

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 Trial Court

          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 Inarwa

          P.S. Case No. 129 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and
            Patna High Court CR. MISC. No.84669 of 2025(3) dt.19-01-2026
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                      in the event if it is found that petitioner has antecedent of even

                      one case then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if 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)
Rishabh/-

U      T


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