Patna High Court
Lal Babu PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail, subject to bond conditions and verification of the petitioner’s antecedents.
Summary
The petitioner, Lal Babu Paswan, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 10 litres of liquor found in his joint family house. He argued that the liquor was not in his conscious possession, the house being jointly owned, and that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. He also highlighted his three prior excise cases and contended that the investigation relied on secret information without proper inquiry. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.15,000 bond with two sureties, subject to verification of his criminal antecedents; if more than three prior cases are found, the bail will not be confirmed, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC in a case of alleged possession of liquor under the Bihar Prohibition and Excise Act.
- Whether the absence of conscious possession and the joint family ownership of the premises negate liability.
- Whether the petitioner’s prior three excise cases affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- prior convictions
- Section 30
- Bihar Prohibition and Excise Act
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 17307 of 2026
Arising Out of PS. Case No.-481 Year-2025 Thana- RAJAPAKAR District- Vaishali
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Lal Babu Paswan S/o Debi Paswan R/o Village - Dayalpur Tandapur, P.S -
Baranti (Rajapakar), District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Bharat Lal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 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 the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 10 litres of liquor from the house of
the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that the house in question is a joint family property, as such, it
cannot be alleged with certainty that it was the petitioner who
had kept the liquor in the house or the liquor kept in the house
Patna High Court CR. MISC. No. 17307 of 2026(2) dt.19-03-2026
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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. It is next
submitted that petitioner came to be implicated based on the
secret information which is the easiest way to implicate
someone. It is also submitted that once an accused is implicated
in a case relating to excise the police start implicating
mechanically either at the instance of the Chawkidar, local
person, secret information or confessional statement without
holding a proper investigation of the case.
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, let 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.15,000/- (Rupees Fifteen 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 Rajapakar P.S. Case No. 481 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.
Patna High Court CR. MISC. No. 17307 of 2026(2) dt.19-03-2026
3/3
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than three
cases, it would be presumed that petitioner 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 has antecedent of only three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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