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Patna High Court

Dasai PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to bond, sureties and verification of antecedents, as the petitioners were not in conscious possession and the concept of deemed possession has been removed.

Summary

Dasai Paswan and Lawkush Paswan sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 44.2 litres of liquor from their joint family house. They argued that the liquor was not in their conscious possession, that the house is a joint family property, and that the 2018 amendment abolished the doctrine of deemed possession. The State opposed the bail. Justice Satyavrat Verma granted provisional anticipatory bail on condition of a Rs.5,000 bond with two sureties and directed the trial court to verify the petitioners' criminal antecedents. If petitioner 1 is found to have any prior case or petitioner 2 has more than one, the bail will not be confirmed; otherwise it will be confirmed. The order reflects the court’s view that the petitioners’ lack of conscious possession and the removal of deemed possession justify bail pending verification.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 of the Cr.P.C. in a case involving alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the doctrine of deemed possession applies after the 2018 amendment to the Excise Act.
  • Whether joint family ownership of the premises precludes attribution of possession to the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • deemed possession
  • joint family property
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18745 of 2026
                      Arising Out of PS. Case No.-42 Year-2026 Thana- KARAHGAR District- Rohtas
                 ======================================================
           1.     Dasai Paswan S/o- Late Bikrama Paswan R/o Village- Baraki Kharari, PS-
                  Kargahar, Dist- Rohtas
           2.     Lawkush Paswan @ Chhotu @ Lawkush Parasan S/o- Dasai Paswan R/o
                  Village- Baraki Kharari, PS- Kargahar, Dist- Rohtas
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajani Kant Singh, Advocate
                 For the Opposite Party/s :      Mr. Ajay Kumar Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 is a person with clean antecedent and petitioner

                   no. 2 has antecedent of one case under the Excise Act and

                   allegation is of recovery of 44.2 litres of liquor from the house

                   of the petitioners.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession. It is further
Patna High Court CR. MISC. No.18745 of 2026(2) dt.25-03-2026
                                            2/3




          submitted that the house in question is a joint family property, as

          such, it cannot be alleged with certainty that it was the

          petitioners who had kept the liquor in the house or the liquor

          kept in the house was within their 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 petitioners came to be implicated

          at the instance of the Chawkidar with whom they are on an

          inimical term.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, let the petitioners, above-named, in

          the event of their 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 Thousand)

          each 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 Karagahar P.S. Case No. 42 of 2026,

          subject to the conditions as laid down under Section 438(2) of

          the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned
           Patna High Court CR. MISC. No.18745 of 2026(2) dt.25-03-2026
                                                       3/3




                     Trial Court shall verify the criminal antecedent of the petitioners

                     and if it is found that petitioner no. 1 has antecedent of even one

                     case and petitioner no. 2 has antecedent of more than one case,

                     it would be presumed that petitioners had concealed their

                     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. 1 is a person with clean antecedent and 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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