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Patna High Court

Mohan PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail with conditions, pending verification of the petitioner’s antecedent.

Summary

The petitioner, Mohan Paswan, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 21.9 litres of liquor recovered from his house. He argued that the liquor was located in a joint‑family property, that he had no conscious possession, and that the concept of deemed possession and presumed offender had been removed by the 2018 amendment to the Act. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 5,000 with two sureties and a deposit of Rs 2,500 with the Advocates’ Association, pending verification of the petitioner’s criminal antecedent. The order further stipulated that if more than one prior case is found, the bail would not be confirmed, whereas confirmation would follow if only one antecedent is verified.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged liquor is found in a joint‑family house and the accused claims lack of conscious possession.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Bihar Excise Act
  • joint family property
  • possession
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6621 of 2026
                    Arising Out of PS. Case No.-333 Year-2025 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
                 Mohan Paswan Son of Shivji Paswan R/o Village - Chandanpatti, P.S. - Sadar,
                 Dist. - Darbhanga.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Baidyanath Prasad
                 For the Opposite Party/s :     Mr.Ramchandra Sahni
                 ======================================================
                 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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 21.900 litres of liquor from the

                   house of the petitioner.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and after 2018

                   amendment in the Excise Act, the concept of deemed possession
Patna High Court CR. MISC. No.6621 of 2026(2) dt.04-02-2026
                                            2/3




          and presumed offender has been done away with. It is next

          submitted that 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 knowledge of the petitioner. It is further

          submitted that he came to be implicated based on secret

          information which is the easiest way to implicate someone. It is

          further submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

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

          anticipatory bail of the petitioner.

                   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 trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 5,000/- (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 Sadar P.S. Case No.

          333 of 2025, subject to the conditions as laid down under Section
              Patna High Court CR. MISC. No.6621 of 2026(2) dt.04-02-2026
                                                          3/3




                        482(2) of the BNSS.

                                 7.     It is made clear that thereafter the learned Trial Court

                        shall verify the criminal antecedent of the petitioner and in the

                        event if it is found that petitioner has antecedent of more than one

                        case then it would be presumed that petitioner, for the purposes of

                        seeking anticipatory bail, had concealed his antecedent before this

                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.

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

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 2,500/- with Advocates’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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