Patna High Court
Amarjeet Pasi @ Bhoda PasiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties and verification of criminal antecedent.
Summary
The petitioners, five individuals from Mahulani Bihtas, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 40 litres of liquor from co‑accused. They argued they had no conscious possession and that the only link to them was a confessional statement of another accused, which they claimed lacks evidentiary value, and that the 2018 amendment abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 with two sureties and subject to verification of the petitioners' criminal antecedent. If any antecedent is found, the provisional order will not be confirmed; otherwise it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the circumstances described.
- Whether a confessional statement of a co‑accused can form a basis for arrest in the absence of conscious possession.
- Whether the concepts of deemed possession and presumed offender under the Bihar Prohibition and Excise Act are applicable post‑2018 amendment.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- deemed possession
- confessional statement
- criminal antecedent
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29866 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- IMADPUR District- Bhojpur
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1. Amarjeet Pasi @ Bhoda Pasi S/O Jangli Pasi R/O Vill.- Mahulani Bihtas,
P.S- Imadpur, District - Bhojpur
2. Sadhu Pasi Son of Musaphir Pasi R/O Vill.- Mahulani Bihtas, P.S- Imadpur,
District - Bhojpur
3. Ramjee Pasi Son of Sipahi Pasi R/O Vill.- Mahulani Bihtas, P.S- Imadpur,
District - Bhojpur
4. Santan Pasi @ Santanu Choudhary S/O Musafir Pasi R/O Vill.- Mahulani
Bihtas, P.S- Imadpur, District - Bhojpur
5. Mannu Kumar @ Munna Kumar Son of Bikrama Pasi @ Bikrama
Choudhary R/O of village- Mahulani Bihtas, P.S.-Imadpur, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Nawnit Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 30(a) and
37 of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 40 litres of liquor from possesson of three co-
accused persons, i.e., 15 litres of liquor from possessoin of
Sanjit, 10 litres of liquor from possession of Sunil and 15 litres
Patna High Court CR. MISC. No.29866 of 2026(2) dt.05-05-2026
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of liquor from possession of Nandjee.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession. It is further
submitted that petitioners came to be implicated based on the
confessional statement of apprehended accused in police
custody which does not have any evidentiary value in the eye of
law. It is next submitted that after amendment in the Excise Act
in the year 2018, the concept of deemed possession and
presumed offender has been done away with.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, let the
petitioners, above-named, in the event of their 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) each 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
Imadpur P.S. Case No. 18 of 2026, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
Patna High Court CR. MISC. No.29866 of 2026(2) dt.05-05-2026
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B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioners
and if it is found that petitioners have antecedent of even one
case, it would be presumed that petitioners had concealed their
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
petitioners are persons with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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