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Patna High Court

Saurav PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of antecedents.

Summary

The petitioner, Saurav Paswan, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 21 litres of liquor recovered from his house, which is a joint family property. He argued that he has a clean antecedent, was not arrested at the scene, and that the liquor was not in his conscious possession; moreover, the concept of deemed possession was removed by the 2018 amendment. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 with two sureties and directed the trial court to verify his antecedents. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of alleged possession and joint family property.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • excise law
  • joint family property
  • clean antecedent
  • Section 30
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23182 of 2026
                         Arising Out of PS. Case No.-650 Year-2025 Thana- JAMUI District- Jamui
                 ======================================================
                 Saurav Paswan S/o Ramashish Paswan Resident of Village- Thegua, P.S.-
                 Jamui, District- Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Niranjan Parihar
                 For the Opposite Party/s :        Mr. Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-04-2026                  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 Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 21 litres of liquor from the house of 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 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
Patna High Court CR. MISC. No.23182 of 2026(2) dt.09-04-2026
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          2018, the concept of deemed possession and presumed offender

          has been done away with and he came to be implicated at the

          instance of local person but then the name of the person who

          disclosed the name of the petitioner is not disclosed in the FIR

          which casts an aspersion on the case of the prosecution, when

          petitioner has not been implicated based on secret information.

                       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.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 Jamui P.S. Case No.650/2025, 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 even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.23182 of 2026(2) dt.09-04-2026
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                       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.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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