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Patna High Court

Fekan PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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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