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Patna High Court

Pramod Kumar @ Pramod PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Pramod Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for alleged possession of 259.2 litres of liquor at his house and 345.6 litres from a corn field, along with the seizure of a motorcycle. He contended that the liquor was stored in a joint‑family house, he had no conscious possession, and he was not the owner of the motorcycle; the only evidence against him were confessional statements of co‑accused taken in police custody. The State opposed his application for anticipatory bail. The 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 under Section 482(2) of the BNSS. The order stipulated that if any antecedent is discovered, the bail may be cancelled; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act given the circumstances of alleged possession and the nature of the evidence.
  • Whether the confessional statements of co‑accused, taken in police custody, can be relied upon to deny bail.
  • Whether the petitioner’s lack of conscious possession and joint‑family ownership of the premises negate the charge of possession.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • possession of liquor
  • confessional statements
  • joint family property
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45901 of 2026
                        Arising Out of PS. Case No.-72 Year-2026 Thana- Lakho District- Begusarai
                 ======================================================
                 Pramod Kumar @ Pramod Paswan S/o Dev Narayan Paswan @ Devo Paswan
                 R/o Village/Mohalla - Lakho Ward no. 07, P.S. - Lakho, Dist. - Begusarai.

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shubhesh Pandey
                 For the Opposite Party/s :        Mr.Parmanand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-07-2026               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 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 259.2 litres of liquor from the house of the

                   petitioner and nearby places along with 345.6 litres of liquor

                   from a corn field and a motorcycle was seized.

                             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 is not the owner of

                   the seized motorcycle and the house in question is a joint family
Patna High Court CR. MISC. No.45901 of 2026(2) dt.09-07-2026
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          property as such it cannot be alleged with certainty that it was

          petitioner who had kept the liquor in the house or the liquor kept

          in the house was within knowledge of the petitioner. 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 and he came to be implicated based on

          confessional statement of Shivam and Chhotu in police custody

          which does not have any evidentiary value owner.

                   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 Lakho P.S. Case No. 72 of 2026, 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
              Patna High Court CR. MISC. No.45901 of 2026(2) dt.09-07-2026
                                                          3/3




                        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 antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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