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Patna High Court

Ajeet Pasi @ Sukar PasiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                       3/3




                                  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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