Patna High Court
Rajballabh Paswan @ Rajballam PaswanversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to verification of his antecedent and compliance with bail conditions.
Summary
Petitioner Rajballabh Paswan was implicated in a case under Sections 47(A) and (F) of the Bihar Prohibition and Excise Act for allegedly possessing 120 litres of liquor and 900 kg of Jawa Mahua recovered from his house, which is a joint family property. He contended that he has a clean antecedent, was not arrested at the spot, and that no liquor was found in his conscious possession; moreover, he argued that the post‑2018 amendment abolished the doctrine of deemed possession. The State opposed his prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, subject to verification of the petitioner’s criminal antecedent, and directed that the order be confirmed if he is found to have a clean record.
Issues considered
- Whether anticipatory bail can be granted in a case of alleged possession under the Bihar Prohibition and Excise Act.
- Whether the doctrine of deemed possession applies after the 2018 amendment to the Excise Act.
- Whether ownership of a joint family property affects the attribution of possession to the petitioner.
- Whether a clean criminal antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 47(A), 47(F)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- possession
- Bihar Prohibition and Excise Act
- joint family property
- clean antecedent
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33649 of 2026
Arising Out of PS. Case No.-72 Year-2014 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Rajballabh Paswan @ Rajballam Paswan S/O Ramdhani Paswan Resident of
Village- Rasanpur, P.S.- Warisaliganj, District- Nawada,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, A.P.P.
======================================================
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 47(A) &
(F) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 120 litres of liquor from the house of the petitioner
along with 900 Kg. of Jawa Mahua which was destroyed at the
spot.
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 the house in question is a joint family property, as such, it
Patna High Court CR. MISC. No.33649 of 2026(2) dt.14-05-2026
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cannot be alleged with certainty that it was the petitioner who
had kept the liquor in the house or the liquor kept in the house
was within his knowledge and 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 next
submitted that petitioner came to be implicated based on the
secret information which is the easiest way to implicate
someone without holding a proper investigation of the case,
when petitioner admittedly is a person with clean antecedent.
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.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 G.O. Case No. 72
of 2014, subject to the conditions as laid down under Section
438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Patna High Court CR. MISC. No.33649 of 2026(2) dt.14-05-2026
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Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
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 is a person 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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