Patna High Court
Dharamvir Prasad @ Dharamvir Gop @ Dharamvir GopeversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedents.
Summary
The petitioner, Dharamvir Prasad, was implicated in a case under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of liquor from various locations, including his own house which is a joint‑family property. He argued that he had no conscious possession, that the liquor was not recovered from his immediate control, and that the amendment to the Act in 2018 had abolished the doctrine of deemed possession. The prosecution’s case relied on a confessional statement of an accused in police custody, which the petitioner contended lacked evidentiary value. The court considered these submissions and, applying Section 482(2) of the CrPC, granted provisional anticipatory bail on a modest bond and sureties, subject to verification of the petitioner’s criminal antecedents. 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 should be granted when the alleged offence involves alleged possession of liquor without conscious control.
- Whether a confessional statement of an accused in police custody can form the basis for anticipatory bail denial.
- Effect of the 2018 amendment removing the concept of deemed possession on the bail application.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 37(c)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- prohibition act
- excise
- possession
- confessional statement
- joint family property
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84933 of 2025
Arising Out of PS. Case No.-386 Year-2019 Thana- FATUA District- Patna
======================================================
Dharamvir Prasad @ Dharamvir Gop @ Dharamvir Gope son of Narayan
Gop @ Ram Narayan singh RO Village- Govindpur PS- Fatuha District-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Soni Kumari
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 30(a) and
37(c) of Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 72 litres of liquor from land of Bhola, 12 litres of
liquor from a place near the house of Bihari and 40.9 litres of
liquor from the house of the petitioner. 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
Patna High Court CR. MISC. No.84933 of 2025(3) dt.20-01-2026
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with certainty that it was petitioner, who had kept the 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 he came to be implicated based on
confessional statement of apprehended accused in police
custody which does not have any evidentiary value.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 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 Fatuha
P.S. Case No.386/2019, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
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case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
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)
amit/-
U T
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