Patna High Court
Botu Paswan @ Botu HajaraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court ordered provisional anticipatory bail subject to bond, sureties and verification of antecedents.
Summary
The petitioner, Botu Paswan, sought anticipatory bail in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that liquor was recovered from his joint family house without his arrest or possession. He argued that the concept of deemed possession had been abolished after the 2018 amendment and questioned the reliability of the chowkidar’s testimony. The State opposed the bail, contending that the allegations warranted detention. The Court granted provisional anticipatory bail, conditioning it on a bail bond of Rs.15,000 with two sureties and directing the trial court to verify the petitioner’s criminal antecedents. If more than three prior cases are found, the bail will not be confirmed; if exactly three are found, the bail will be confirmed forthwith.
Issues considered
- The appropriateness of granting anticipatory bail in a case involving alleged possession of liquor under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise (Amendment) Act.
- Whether the doctrine of deemed possession/presumed offender applies post‑2018 amendment.
- The effect of the petitioner’s prior criminal antecedents on the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 274, 275, 482(2)
Subjects
- anticipatory bail
- deemed possession
- joint family property
- excise law
- criminal antecedent
- Section 482
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22243 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- RAMGARHWA District- East Champaran
======================================================
Botu Paswan @ Botu Hajara S/O Late Ramashray Hajara Resident of Village-
Siswaniya Pokhra, P.S.- Ramgarhwa, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar
For the Opposite Party/s : Mr. Ajay Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 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 Sections 274, 275 of
BNS, 2023 and Section 30(a) of Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act as
would manifest from supplementary affidavit and allegation is
of recovery of 30 litres of liquor from house of the petitioner. It
is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and the house in question is a joint family property as such it
cannot be alleged with certainty that it was petitioner, who had
Patna High Court CR. MISC. No.22243 of 2026(2) dt.08-04-2026
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kept the liquor in the house or the liquor kept in the house 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 and he came to be implicated
at the instance of chowkidar but then it is submitted that if
chowkidar was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police prior to
institution of the instant FIR which casts an aspersion on the
case of the prosecution. It is also submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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
Patna High Court CR. MISC. No.22243 of 2026(2) dt.08-04-2026
3/3
in connection with Ramgarhwa P.S. Case No.16/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
three cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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