Patna High Court
Vikash RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
3/3
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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