Patna High Court
Bishnudev Paswan @ Vishundev PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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with Section 438(2) of the Cr.P.C. The order stipulated that if any antecedent is discovered, the bail may be withdrawn; otherwise, the provisional bail will be confirmed.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
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 47(a), 47(f)
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
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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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