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Patna High Court

Rajballabh Paswan @ Rajballam PaswanversusThe State Of Bihar

Decided
Disposal
DISPOSED

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

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
                                                       3/3




                     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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