Patna High Court
Fekan PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties and verification of his criminal antecedent.
Summary
The petitioner, Fekan Paswan, was implicated in a case alleging recovery of 72 litres of liquor from his residence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he has a clean antecedent, that the liquor was located in a joint family house and not in his conscious possession, and that the concept of deemed possession was abolished after the 2018 amendment. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties of the same amount, subject to verification of the petitioner’s criminal antecedent. The order further stipulated that if any antecedent is discovered, the bail may be revoked, whereas if the petitioner is found to have a clean record, the provisional bail will be confirmed.
Issues considered
- Whether anticipatory bail should be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the concept of deemed possession applies post‑2018 amendment of the Excise Act
- Whether the petitioner’s clean antecedent and lack of actual possession justify the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- anticipatory bail
- liquor possession
- Bihar Prohibition and Excise Act
- clean antecedent
- joint family property
- Section 30(a)
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8991 of 2026
Arising Out of PS. Case No.-191 Year-2025 Thana- KANHAULI District- Sitamarhi
======================================================
Fekan Paswan Son of Sooraj Paswan R/o Village - Bagaha, P.S. - Kanhauli,
Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 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 the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 72 litres of liquor from the house of the petitioner
apart from other recoveries as detailed in the FIR.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that the house in question is a joint family property, as such, 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
Patna High Court CR. MISC. No.8991 of 2026(3) dt.16-03-2026
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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 next
submitted that petitioner came to be implicated based on the
secret information which is the easiest way to implicated
someone without holding a proper investigation of the case,
when petitioner admittedly is a person with clean antecedent.
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, let the petitioner, above-named, in the
event of his arrest or surrender 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 Kanhauli P.S. Case No. 191 of 2025, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
Patna High Court CR. MISC. No.8991 of 2026(3) dt.16-03-2026
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would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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