Patna High Court
Ram Dayal PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent, as the allegations did not establish conscious possession or a presumption of guilt.
Summary
The petitioner, Ram Dayal Paswan, sought anticipatory bail fearing arrest in a case under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act, alleging that only 13.125 litres of liquor was recovered from a motorcycle and that he had no conscious possession. He argued that the seizure was based on a confessional statement made by another person in police custody and that the amended Excise Act of 2018 had abolished the concepts of deemed possession and presumed offender. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs. 500 and two sureties, and directed verification of the petitioner’s criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed, but if the petitioner is found to have a clean record, the provisional bail would be confirmed forthwith.
Issues considered
- What is the applicability of anticipatory bail under Section 482(2) of the Bihar Narcotic Substances Act in the present case?
- Whether the seizure of liquor based on a confessional statement and without conscious possession justifies denial of anticipatory bail?
- Whether the amendment to the Bihar Excise Act in 2018 has eliminated the doctrine of deemed possession and presumed offender for the purpose of granting bail?
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
Subjects
- anticipatory bail
- bail under Section 482
- narcotic offences
- excise law
- deemed possession
- presumed offender
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33108 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- HARLAKHI District- Madhubani
======================================================
Ram Dayal Paswan S/o Basudev Paswan R/o Village - Durgapatti, P.S. -
Harlakhi, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Pallavi
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 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 offences punishable under Sections 274, 275
and 3(5) of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 13.125 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that is not the owner of the seized
vehicle and he came to be implicated based on confessional
statement of Amresh in police custody which does not have any
Patna High Court CR. MISC. No.33108 of 2026(2) dt.14-05-2026
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evidentiary value. 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 petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, 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. 500/- (Rupees Five Hundred) 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 Harlakhi P.S. Case No. 240 of 2025, subject to
the conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.33108 of 2026(2) dt.14-05-2026
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antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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