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Patna High Court

Suresh PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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