Patna High Court
Suresh PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to verification of the petitioner’s criminal antecedents and compliance with the stipulated conditions.
Summary
The petitioner, Suresh Paswan, applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of four litres of liquor from his house, which is a joint family property. He contended that the prosecution’s claim of two prior cases was incorrect, that he had no liquor in his actual possession at the time of arrest, and that the concept of deemed possession had been abolished by the 2018 amendment. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and a condition that the trial court verify his criminal antecedents. If more than one antecedent is found, the bail will not be confirmed; if only one antecedent is confirmed, the bail will be affirmed. The petitioner also undertook to deposit Rs.2,500 with the Lawyers’ Association within two weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite alleged possession of liquor under the Bihar Prohibition and Excise Act.
- Whether the discrepancy in the number of prior criminal cases affects the grant of bail.
- Whether the removal of the concept of deemed possession by the 2018 amendment impacts the prosecution’s case.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- criminal antecedent
- possession
- excise act
- joint family property
- provisional bail
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5694 of 2026
Arising Out of PS. Case No.-897 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Suresh Paswan S/O Late Paltan Paswan R/O Village- Rajabhar, Ward No. 2,
P.S.- Majhauliya, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Prakash
For the Opposite Party/s : Mr. Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that in
the order impugned it has been recorded that petitioner has
antecedent of two cases when petitioner has antecedent of one
case, which has been pleaded at Para-3 of the anticipatory bail
application. It is thus submitted that the defect as pointed out by
the office with regard to criminal antecedent be ignored.
4. In view of the submission made by the learned
counsel for the petitioner, the defect as pointed out by the office
is hereby ignored.
Patna High Court CR. MISC. No.5694 of 2026(2) dt.02-02-2026
2/3
5. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 4 litres of liquor from house of the
petitioner. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and the house in question is a joint family 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 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 and he came to
be implicated at the instance of chowkidar but then it is
submitted that if chowkidar was aware of the involvement of the
petitioner in the occurrence then why he did not inform the
police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. 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 from today, be released on
Patna High Court CR. MISC. No.5694 of 2026(2) dt.02-02-2026
3/3
provisional anticipatory bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) 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
Majhauliya P.S. Case No.897/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
8. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
9. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.2500/- with Lawyers’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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