Patna High Court
Sonu Kumar @ Sonu Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedents.
Summary
The petitioner, Sonu Kumar Paswan, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in anticipation of arrest for an alleged offence under Section 30(a) of the Excise Act, 2018, involving the recovery of 20 litres of liquor from his residence. He asserted that he has a clean antecedent, that the liquor was found in a joint family house and not in his conscious possession, and that the allegation stemmed from a personal dispute with a watchman. The State opposed the bail, arguing that the offence warranted detention. The Court noted that the recent amendment to the Excise Act had removed the doctrine of deemed possession and considered the petitioner’s clean record and lack of direct possession. Accordingly, the Court granted provisional anticipatory bail, subject to a Rs.500 bond, two sureties, and verification of his antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC for an alleged offence under Section 30(a) of the Excise Act, 2018.
- Whether the presence of liquor in a joint family house establishes possession sufficient to deny bail.
- Effect of the amendment removing the concept of deemed possession on the bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- possession
- clean antecedent
- joint family property
- deemed possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6907 of 2026
Arising Out of PS. Case No.-895 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Sonu Kumar @ Sonu Kumar Paswan S/o Budhan Paswan Resident of
Village- Panapur Langa, P.S.- Hajipur Sadar, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Yadav
For the Opposite Party/s : Ms.Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 20 litres of liquor from house of the petitioner.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the house in
question is a joint family property and thus, it cannot be alleged
with certainty that it was the petitioner, who had kept the liquor
in the house or the liquor kept in the house was within his
Patna High Court CR. MISC. No.6907 of 2026(2) dt.19-02-2026
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knowledge and he came to be implicated at the instance of
Chaukidar with whom he is on an inimical term and after
Amendment in the Excise Act, 2018, the concept of deemed
possession and presumed offender has been done away with.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Hajipur Sadar P. S. Case No.895 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.6907 of 2026(2) dt.19-02-2026
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anticipatory bail had concealed his antecedent before this Court,
in that event, the present 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.
(Satyavrat Verma, J)
vikash/-
U T
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