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Patna High Court

Dablu Paswan @ Bablu PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to bail bonds, sureties and verification of his criminal antecedents.

Summary

The petitioner, Dablu Paswan, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for allegedly possessing 15 litres of liquor recovered from his house. He argued that the liquor was stored in a joint family property, that he had no conscious possession, and that the concept of deemed possession had been abolished. He also claimed the complaint was motivated by personal enmity with the watchman (chawkidar) who lodged the FIR. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedents, stating that the bail would be confirmed only if he is found to have a single prior case.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged possession of liquor.
  • Whether the concept of deemed possession under the Bihar Prohibition and Excise Act, 2018 applies to the facts.
  • Whether the petitioner’s criminal antecedent warrants denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • joint family property
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24375 of 2026
                       Arising Out of PS. Case No.-64 Year-2026 Thana- Singhaul District- Begusarai
                 ======================================================
                 Dablu Paswan @ Bablu Paswan Son of Ram Prakash Paswan R/o Vill. -
                 Kailashpur, P.S. - Singhaul, Dist. - Begusarai.
                                                                        ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Braj Bhusan Poddar, Advocate
                 For the Opposite Party/s :        Mr. Chandra Bhushan Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  1. Heard learned counsel for the petitioner and Mr.

                   Chandra Bhushan Prasad, 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 the

                   Bihar Prohibition and Excise Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 15 litres of liquor from the house of the petitioner.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession. It is further submitted

                   that the house in question is a joint family property, as such, it

                   cannot be alleged 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
Patna High Court CR. MISC. No.24375 of 2026(2) dt.20-04-2026
                                            2/3




          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

          the Chawkidar with whom he is on an inimical term. It is also

          submitted that if the Chawkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to the 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 appearing on behalf of the petitioner, let 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.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 Singhaul P.S. Case

          No. 64 of 2026, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner
           Patna High Court CR. MISC. No.24375 of 2026(2) dt.20-04-2026
                                                       3/3




                     and if it is found that petitioner has antecedent of more than one

                     case, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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