Patna High Court
Dinesh PasiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that, in view of the absence of possession and the reliance on a confessional statement, the petitioner is entitled to provisional anticipatory bail, subject to bond, sureties and verification of antecedents.
Summary
The petitioners, Dinesh Pasi and Gorakh Pasi, filed anticipatory bail applications in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018-22. Dinesh Pasi's application was withdrawn by his counsel and dismissed. Gorakh Pasi, who has a prior case under the Excise Act, claimed he was not arrested at the scene, no liquor was found in his possession, and the allegation rested solely on a confessional statement of another accused, which he argued lacks evidentiary value. The State opposed the bail. The Court, considering these submissions, granted Gorakh Pasi provisional anticipatory bail on condition of a Rs.5,000 bond with two sureties and directed the trial court to verify his criminal antecedents, reserving the right to cancel the bail if more than one prior case is found.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018-22.
- Whether the confessional statement of another accused can form the basis for denying anticipatory bail.
- Whether the amendment removing the concept of deemed possession affects the bail application.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- deemed possession
- confessional statement
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13833 of 2026
Arising Out of PS. Case No.-559 Year-2025 Thana- KARAKAT District- Rohtas
======================================================
1. Dinesh Pasi Son of Late Bridha Pasi Resident of Raghunathpur Baal, P.S. -
Karakat, Dist. - Rohtas.
2. Gorakh Pasi Son of Late Fagu Pasi Resident of Raghunathpur Baal, P.S. -
Karakat, Dist. - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamla Kant Pandey, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 1. Learned counsel for the petitioners, at the outset,
seeks permission to withdraw the anticipatory bail application
with respect to petitioner no. 1, namely, Dinesh Pasi who was
arrested during pending of the same.
2. Permission is accorded.
3. Accordingly, the anticipatory bail application with
respect to petitioner no. 1 is dismissed as withdrawn.
4. Heard learned counsel for the petitioner no. 2 and
learned A.P.P. for the State.
5. The petitioner no. 2 apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2018-22.
6. Learned counsel for the petitioner no. 2 submits
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that petitioner no. 2 has antecedent of one case under the Excise
Act and allegation is of recovery of 2 litres of liquor from the
house of Ramji Pasi.
7. Learned counsel for the petitioner no. 2 submits
that petitioner no. 2 was not arrested from the spot, as such,
nothing was recovered from his conscious possession and even
the alleged recovery is from a house which does not belong to
the petitioner no. 2 and he came to be implicated based on the
confessional statement of apprehended accused in police
custody which does not have any evidentiary value in the eye of
law. It is further submitted that petitioner no. 2 has no relation
or concern with Ramji Pasi. It is next submitted that after
amendment in the Excise Act in the year 2018, the concept of
deemed possession and presumed offender has been done away
with
8. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner no. 2.
9. Considering the submissions made by the learned
counsel for the petitioner no. 2, let the petitioner no. 2, 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.5,000/- (Rupees Five
Patna High Court CR. MISC. No.13833 of 2026(2) dt.12-03-2026
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Thousand) 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 Karakat P.S. Case
No. 559 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
10. It is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
no. 2 and if it is found that petitioner no. 2 has antecedent of
more than one case, it would be presumed that petitioner no. 2
had concealed his antecedent before this Court at para 3 of the
anticipatory bail application in that event the provisional
anticipatory bail order shall not be confirmed but if it is found
on verification that petitioner no. 2 has antecedent of only one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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