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Patna High Court

Dinesh PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of the petitioner’s antecedent.

Summary

Dinesh Paswan applied for anticipatory bail under Section 438 of the Cr.P.C. in a case registered under Section 30(a) of the Excise Act for alleged recovery of 12 litres of liquor from his courtyard. The petitioner argued he has a clean antecedent, the liquor was not found in his conscious possession, and the house is joint family property, making it uncertain that he kept the liquor. He also contended that the amendment to the Excise Act in 2018 abolished the concept of deemed possession and presumed offender. The State opposed the bail. The court, considering the clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a Rs.500 bond with two sureties and verification of his antecedent, directing confirmation if no prior cases are found.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in a case under Section 30(a) of the Excise Act
  • Whether the amendment to the Excise Act, 2018, eliminates the concept of deemed possession making the petitioner a presumed offender

Legislation cited

Subjects

  • anticipatory bail
  • Section 30 Excise Act
  • Section 438 CrPC
  • clean antecedent
  • deemed possession
  • provisional bail
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2053 of 2026
                       Arising Out of PS. Case No.-305 Year-2025 Thana- SIMRI District- Darbhanga
                 ======================================================
                 Dinesh Paswan Son of Haricharan Paswan @Harishchandra Paswan Resident
                 of Village Sadhwara @Sadwara, Ward No-06 P.S. -Simri, District -
                 Darbhanga.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr/s.Kanchan Jha
                 For the Opposite Party/s :       Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 12 litres of liquor from courtyard of the house of

                   the petitioner.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the house in

                   question is a joint family property and thus, it cannot be alleged
Patna High Court CR. MISC. No.2053 of 2026(2) dt.27-01-2026
                                            2/3




          with certainty that it was the 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, 2018, the

          concept of deemed possession and presumed offender has been

          done away with and he came to be implicated based on secret

          information, which is the easiest way to implicate someone

          without holding a proper investigation, when admittedly

          petitioner is a person with clean antecedent.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Simri P. S. Case No.305 of 2025, subject to the conditions laid

          down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.2053 of 2026(2) dt.27-01-2026
                                                           3/3




                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of even one case, then it

                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present 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.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.2500/- with

                         Advocate Association, Patna High Court, Patna.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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