Patna High Court
Jitendra PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail, subject to bond, sureties, and verification of antecedent, to be confirmed if the petitioners are found to have a clean record.
Summary
The petitioners, Jitendra and Dharmendra Paswan, were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 70 litres of liquor at their joint family house. They argued that they have clean antecedents, were not arrested at the spot, and that the liquor was stored in a joint family property, making it uncertain that they had conscious possession. They further contended that the 2018 amendment to the Excise Act had abolished the concept of deemed possession and that the allegation was based on secret information. The State opposed the anticipatory bail application. The High Court, considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioners' criminal antecedent, with the order to be confirmed if they are found to have a clean record.
Issues considered
- Whether anticipatory bail can 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 the 2018 amendment to the Excise Act.
- Whether joint family ownership of the premises negates conscious possession by the petitioners.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- possession
- excise law
- joint family property
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90521 of 2025
Arising Out of PS. Case No.-1224 Year-2025 Thana- ALAMGANJ District- Patna
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1. Jitendra Paswan S/o Birendra Paswan @ Birindra R/o Mohalla- Laddu
Akhara, P.S- Alamganj, Dist- Patna.
2. Dharmendra Paswan S/o Birendra Paswan @ Birindra R/o Mohalla- Laddu
Akhara, P.S- Alamganj, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Prasad, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their 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 petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 70 litres of liquor from the house of the petitioners.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their 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
Patna High Court CR. MISC. No.90521 of 2025(2) dt.08-01-2026
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petitioners who had kept the liquor in the house or the liquor
kept in the house was within their 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 petitioners came to be implicated
based on the secret information which is the easiest way to
implicate someone.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners above-named, in
the event of their 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.500/- (Rupees Five Hundred) each 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
Alamganj P.S. Case No. 1224 of 2025, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioners and
if it is found that petitioners have antecedent of even one case, it
Patna High Court CR. MISC. No.90521 of 2025(2) dt.08-01-2026
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would be presumed that petitioners had concealed their
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
petitioners are persons 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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