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Patna High Court

Suraj PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Suraj Paswan, sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act alleging recovery of 20 litres of liquor from his joint family house. He argued he had a clean antecedent, the liquor was not in his conscious possession, and the complaint was based on a hostile chowkidar’s testimony, questioning the credibility of the prosecution. The State opposed the bail, contending the seriousness of the offence. The court granted provisional anticipatory bail, directing the petitioner to surrender within six weeks, furnish bail bonds and sureties, and subject to verification of his criminal antecedents by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision hinged on the application of Section 482(2) of the B.N.S.S. and the principles governing anticipatory bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act
  • Whether the alleged possession of liquor can be deemed to be in the petitioner’s possession given the joint family property context
  • Whether the credibility of the chowkidar’s testimony warrants dismissal of the FIR

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • deemed possession
  • clean antecedent
  • Section 482(2)
  • cruel testimony

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13590 of 2026
                    Arising Out of PS. Case No.-95 Year-2025 Thana- JAYRAMPUR District- Sheikhpura
                 ======================================================
                 Suraj Paswan S/o- Ramcharan Paswan R/v- Jagdishpur Ps- Jairampur Dist-
                 Sheikhpura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dinkar Kumar
                 For the Opposite Party/s :       Ms. Gulnar Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 20 litres of liquor from 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 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
Patna High Court CR. MISC. No.13590 of 2026(2) dt.12-03-2026
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          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 with whom he is on an inimical term. It is

          also 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.

                       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 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 Jairampur P.S. Case No.95/2025, 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

          case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.13590 of 2026(2) dt.12-03-2026
                                                         3/3




                       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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