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Patna High Court

Bishnudev Paswan @ Vishundev PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail, directing provisional bail bonds subject to verification of antecedent and compliance with Section 438(2) CrPC.

Summary

Bishnudev Paswan applied for anticipatory bail anticipating arrest in a case under Sections 47(a) and (f) of the Excise Act for alleged possession of 40 litres of liquor and 600 kg of fermented jawa mahua recovered from his joint family house. He contended that he has a clean antecedent, was not in actual possession at the time of recovery, and that the 2018 amendment to the Excise Act abolished the concept of deemed possession. The State opposed the bail. The Patna High Court, after considering the submissions, granted provisional anticipatory bail on condition that the petitioner furnish bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent and compliance with Section 438(2) of the Cr.P.C. The order stipulated that if any antecedent is discovered, the bail may be withdrawn; otherwise, the provisional bail will be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC in a case of alleged possession of illicit liquor under the Excise Act.
  • Whether the amendment to the Excise Act in 2018 eliminates the doctrine of deemed possession and presumed offender.
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • deemed possession
  • clean antecedent
  • provisional bail
  • joint family property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45920 of 2026
                   Arising Out of PS. Case No.-242 Year-2015 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Nawada
                 ======================================================
                 Bishnudev Paswan @ Vishundev Paswan Son of Late Parmeshwar Paswan
                 Resident of Village- Rasanpur, PS- Warisaliganj, District- Nawada ,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Man Mohan Kumar
                 For the Opposite Party/s :    Ms.Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-07-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 47(a) and (f) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 40 litres of liquor from house of the petitioner

                   along with 600 kg. fermented jawa mahua which was destroyed

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the house in

                   question is a joint family property and thus, it cannot be alleged
Patna High Court CR. MISC. No.45920 of 2026(2) dt.09-07-2026
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          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, 2018, the

          concept of deemed possession and presumed offender has been

          done away with and he came to be implicated based on secret

          information which is the easiest way to implicate someone

          without holding a proper investigation, when admittedly

          petitioner is a person with clean antecedent.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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.242 of 2015, subject to the conditions laid down

          under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.45920 of 2026(2) dt.09-07-2026
                                                           3/3




                         accepting the provisional bail bonds of the petitioner 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 obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, 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)
vikash/-

U          T


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