Patna High Court
Ajeet Pasi @ Sukar PasiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Ajeet Pasi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, where liquor was allegedly recovered from various locations. He contended that he was not in conscious possession of the seized liquor, was not the owner of the vehicle involved, and that the prosecution’s reliance on a confessional statement of a co‑accused lacked evidentiary value. He further argued that the 2018 amendment abolished the doctrine of deemed possession and that the police had mechanically implicated him without proper investigation. The State opposed the bail, citing the petitioner’s prior four excise cases. The Court granted provisional anticipatory bail on a bond of Rs.20,000 with two sureties, subject to verification of his criminal antecedent; if more than four prior cases are 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 438 of the Cr.P.C.
- Whether a confessional statement of a co‑accused can be the basis for implicating the petitioner.
- Whether the doctrine of deemed possession applies post‑amendment of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior excise cases affect the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31701 of 2026
Arising Out of PS. Case No.-163 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
Ajeet Pasi @ Sukar Pasi S/o Chela Pasi R/o Village- Bishrampur, PS- Baddi,
Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 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 the
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 4.8 litres of liquor from the house of
Anshu Kumar, 9 litres of liquor from a motorcycle in possession
of Sanjay Kumar Pasi and 1.5 litres of liquor from a sack.
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 petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of Sanjay
Patna High Court CR. MISC. No.31701 of 2026(2) dt.12-05-2026
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Kumar Pasi 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. It is also submitted that once an accused is
implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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.20,000/-
(Rupees Twenty 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 Excise Case No.
902 of 2026 arising out of Sasaram Excise P.S. Case No. 163 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.
Patna High Court CR. MISC. No.31701 of 2026(2) dt.12-05-2026
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7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than four
cases, 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 four cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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