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Patna High Court

Dinesh PasiversusThe State of Bihar

Decided
Disposal
DISPOSED

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 Dinesh Pasi's application was withdrawn by his counsel and dismissed.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

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
Patna High Court CR. MISC. No.13833 of 2026(2) dt.12-03-2026
                                            2/3




          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
                                                       3/3




                     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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