Patna High Court
Dhanik Lal PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Dhanik Lal Paswan, was arrested under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of illicit liquor. He contended that he was falsely implicated due to village rivalry, that no liquor was found in his exclusive possession, and that the seizure was made from a jointly owned family house. He further argued that the amendment to the Excise Act eliminated the concept of deemed possession and that the seizure witnesses, being members of the raiding party, did not comply with the mandatory provisions of Section 103 of the BNSS. The State opposed the bail application. Considering the lack of exclusive possession, the procedural lapses in seizure, and the petitioner’s prior bail antecedent, the court granted regular bail on a bond of Rs. 20,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the amendment to the Excise Act has abolished the doctrine of deemed possession.
- Whether the seizure complied with the mandatory requirements of Section 103 of the BNSS.
- Whether joint family possession negates exclusive knowledge or possession by the petitioner.
- Impact of the petitioner’s prior bail antecedent on the current bail application.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 103
Subjects
- bail
- excise law
- deemed possession
- joint possession
- Section 30(a)
- Section 103
- criminal procedure
- false implication
- village rivalry
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32017 of 2026
Arising Out of PS. Case No.-145 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Dhanik Lal Paswan, S/o Rajdeo Paswan, R/o Village - Marar, Ward No. 04,
(Jagatpur), P.S - Rahika, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah, Adv.
For the Opposite Party/s : Mr.Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-05-2026 1. Heard the parties
2. The petitioner seeks regular bail in connection with
Sadar Excise P. S. Case No. 145 of 2026 arising out of G.O.
Case No. 923 of 2026 registered for the offence punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case due to village rivalry and previous enmity. It is
submitted that no incriminating article has been recovered from
the conscious possession of the petitioner and the alleged
recovery was made from a joint family house. Learned counsel
further submits that after amendment in the Excise Act, the
concept of deemed possession no longer survives and it cannot
be said with certainty that the seized liquor was within the
exclusive knowledge or possession of the petitioner. It is also
Patna High Court CR. MISC. No.32017 of 2026(2) dt.12-05-2026
2/2
submitted that both seizure witnesses are members of the
raiding party and the mandatory provisions of Section 103 of the
BNSS have not been complied with. Learned counsel further
submits that the petitioner has only one antecedent in which he
is already on bail and is in custody since 05.04.2026.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, coupled with the fact that regarding the place of
recovery which is said to be the house of this petitioner, a plea
has been taken that the same was in joint possession of all the
family members of the petitioner at the time of recovery, this
court is inclined to enlarge the petitioner on bail, accordingly, let
the petitioner named-above be enlarged on bail in connection
with Sadar Excise P. S. Case No. 145 of 2026 arising out of
G.O. Case No. 923 of 2026 on furnishing bail bond of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
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