Patna High Court
Chhote PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner subject to bail bond, sureties and verification of his criminal antecedent.
Summary
Petitioner Chhote Paswan sought anticipatory bail in a case under Sections 30(a), 32 and 41(1) of the Bihar Excise Act alleging recovery of 10 litres of liquor from his joint family house and from another house. He argued that he was not apprehended on the spot, no liquor was found in his conscious possession, and that the concept of deemed possession was abolished by the 2018 amendment, making it uncertain that he kept the liquor. He also claimed the complaint was motivated by a hostile watchman. The State opposed the bail. The Court granted provisional anticipatory bail on the condition of a Rs.5,000 bail bond with two sureties, subject to verification of his criminal antecedent by the trial court, and stipulated that the bail would be confirmed only if he has a single prior case. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail for alleged offences under the Bihar Excise Act.
- Whether the doctrine of deemed possession applies after the 2018 amendment of the Bihar Excise Act.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- deemed possession
- joint family property
- criminal antecedent
- Section 482
- excise offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67477 of 2025
Arising Out of PS. Case No.-213 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Chhote Paswan S/O Late Ram Rahan Paswan R/O Vill.- Kotwa, P.S.- Kotwa,
Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Ad vocate
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 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 Sections 30(a), 32
and 41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the excise act and
allegation is of recovery of 10 liters of liquor from house of the
petitioner and 10 liters of liquor from house of Nand Kishore
Paswan.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.67477 of 2025(3) dt.07-01-2026
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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. It is further submitted that petitioner
came to be implicated at the instance of Chowkidar with whom
he is on an inimical term.
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 Kotwa
P.S. Case No. 213 of 2025 subject to the conditions as laid down
under Section 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
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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 only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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