Patna High Court
Hira PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bail bond, sureties and verification of antecedents.
Summary
The petitioner, Hira Paswan, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged possession of 20 litres of liquor recovered from his joint family house. He argued that the liquor was not in his conscious possession, that the concept of deemed possession was abolished by the 2018 amendment, and that the informant (the chowkidar) had delayed reporting, casting doubt on the prosecution's case. The State opposed the bail. The High Court, applying its inherent powers under Section 482(2) of the Criminal Procedure Code, granted provisional anticipatory bail conditioned on a bail bond of Rs 5,000 with two sureties and required verification of the petitioner’s criminal antecedents. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case, the bail would be confirmed. The petitioner’s counsel agreed to deposit a further amount with the Advocates’ Association.
Issues considered
- What is the applicability of anticipatory bail under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act?
- Whether the amendment to the Bihar Excise Act in 2018 has eliminated the doctrine of deemed possession and presumed offender for the petitioner.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- joint family property
- Section 30
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2259 of 2026
Arising Out of PS. Case No.-376 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Hira Paswan Son of Late Lochan Paswan Resident of village- Siswaniya
Pokhar Ps- Ramgarhwa District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the excise act and
allegation is of recovery of 20 liters of liquor from house of the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.2259 of 2026(2) dt.27-01-2026
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with certainty that it was 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 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 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.
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, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
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) 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
Ramgarhwa P.S. Case No. 376 of 2025 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.2259 of 2026(2) dt.27-01-2026
3/3
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
2,000/- with Advocates’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
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