Patna High Court
Pramod Kumar @ Pramod PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Sale and Settlement Act (BNSS) — s. 482(2)
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
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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
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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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