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Patna High Court

Amarjeet Pasi @ Bhoda PasiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                 ======================================================
                 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
                                            2/3




          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
                                                       3/3




                     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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