Created by Fuzzy Cloud

Patna High Court

Dhanji Paswan @ Gudgedi PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.

Summary

The petitioner, Dhanji Paswan, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, alleging that 14 litres of liquor were recovered from his joint family house. He argued that he had no conscious possession, the liquor could belong to other family members, and he had a clean criminal record. The State opposed the bail, contending the offence was cognizable. The High Court, considering the lack of direct possession and the petitioner’s clean antecedent, granted provisional anticipatory bail subject to a modest bond, sureties, and verification of his criminal history by the trial court. The order also required the petitioner to deposit a further amount with the Advocates’ Association and stipulated that the bail would be confirmed only if the verification affirmed his clean record.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Criminal Procedure Code in view of the alleged possession of liquor under the Bihar Prohibition and Excise Amendment Act, 2018.
  • Whether the alleged recovery of liquor from a joint family house establishes the petitioner’s possession and culpability.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • liquor
  • Bihar Prohibition Act
  • clean antecedent
  • joint family property
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6475 of 2026
                       Arising Out of PS. Case No.-222 Year-2025 Thana- TARARI District- Bhojpur
                 ======================================================
                 Dhanji Paswan @ Gudgedi Paswan S/O Sipahi Paswan R/O Village-
                 Bipandih, P.S.- Tarari, Distt.- Bhojpur, State- Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Navin Kumar Singh
                 For the Opposite Party/s :       Mr. Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  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 Amendment Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 14 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
Patna High Court CR. MISC. No.6475 of 2026(2) dt.04-02-2026
                                            2/3




          2018, the concept of deemed possession and presumed offender

          has been done away with and he came to be implicated at the

          instance of local person but then the name of the person who

          disclosed the name of the petitioner is not disclosed in the FIR

          which casts an aspersion on the case of the prosecution, when

          petitioner admittedly is a person with clean antecedent.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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

          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 Tarari

          P.S. Case No.222/2025, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S.

                       6. 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 even one

          case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.6475 of 2026(2) dt.04-02-2026
                                                         3/3




                       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 is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.

                                    7. At this stage, the learned counsel for the petitioner

                       based on instruction submits that petitioner undertakes to

                       deposit an amount of Rs.1500/- with Advocates’ Association,

                       Patna High Court within a period of two weeks from today.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.