Patna High Court
Tufani Pasi @ Amarjeet PasiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents, under Section 482(2) of the CrPC.
Summary
The petitioner, Tufani Pasi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, alleging recovery of 5.25 litres of liquor from a garden adjacent to his house. He argued that no liquor was found in his possession, the alleged recovery site did not belong to him, and the only evidence was a confessional statement of Pushpa Devi made in police custody, which he contended lacked evidentiary value. The State opposed the bail, asserting the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, directing the trial court to verify the petitioner’s antecedents before confirming the order. The order was conditioned on Section 482(2) of the Criminal Procedure Code, emphasizing that any undisclosed prior case would lead to denial of confirmation, while a clean record would result in immediate confirmation.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018
- Whether the confessional statement of a co‑accused made in police custody has evidentiary value for granting bail
- Whether the concept of deemed possession and presumed offender applies after the 2018 amendment
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act
- clean antecedent
- confessional statement
- deemed possession
- presumed offender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29646 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- DUMRAO District- Buxar
======================================================
Tufani Pasi @ Amarjeet Pasi S/O Laxman Pasi R/O Village- Chatursal Ganj,
P.S.- Dumraon, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Dimpal Kumari
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Amendment Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 5.25 litres of liquor from a garden in front of the
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 even alleged recovery is from a
place which does not belong to the petitioner but then is
adjacent to his house and he came to be implicated based on the
confessional statement of Pushpa Devi in police custody which
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does not have any evidentiary value. It is also submitted that
petitioner has no concern or relation with Pushpa Devi and after
amendment in the Excise Act in the year 2018, the concept of
deemed possession and presumed offender has been done away
with.
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 Dumraon P.S. Case No.39/2026, 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 even one
case, 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
Patna High Court CR. MISC. No.29646 of 2026(2) dt.05-05-2026
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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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