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Patna High Court

Dharamvir Prasad @ Dharamvir Gop @ Dharamvir GopeversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
             Patna High Court CR. MISC. No.84933 of 2025(3) dt.20-01-2026
                                                         3/3




                       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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