Patna High Court
Ashok Kumar @ Ashok Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedent.
Summary
The petitioner, Ashok Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a), 32(3), 41(1) and 41(2) of the Bihar Excise Act for alleged possession of 7.8 litres of liquor recovered from another person, Vinay. The petitioner argued he had no direct possession, clean antecedent, and that the case relied on Vinay's confessional statement, which he claimed lacked evidentiary value, especially after the 2018 amendment that abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent, stating that any undisclosed prior case would lead to denial of confirmation of bail. If the petitioner is found to have a clean record, the provisional bail would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bihar Excise Act provisions.
- Whether the confessional statement of Vinay can be the basis for arrest of the petitioner.
- Effect of the 2018 amendment removing deemed possession and presumed offender concepts on the bail application.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- confessional statement
- provisional bail
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13445 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Ashok Kumar @ Ashok Kumar Paswan Son of Audhesh Paswan @ Audhesh
Ram R/o Village - Golalewa Ordih, P.S. - Kutumba, Dist. - Aurangbad.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bindeshwar Prasad Singh
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 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 Sections 30(a),
32(3), 41(1) and 41(2) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 7.8 litres of liquor from possession of Vinay.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he has no concern
or relation with Vinay and he came to be implicated based on
confessional statement of Vinay in police custody which does
not have any evidentiary value. It is next submitted that after
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amendment in the Excise Act in the year 2018, the concept of
deemed possession and presumed offender has been done away
with.
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 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 Excise P.S. Case No. 25 of 2026, 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
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
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antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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