Patna High Court
Dinesh PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
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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
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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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