Patna High Court
Jagarnath PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bonds, sureties and verification of antecedents.
Summary
Jagarnath Paswan applied for anticipatory bail in a case registered under Sections 272, 273 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, alleging recovery of liquor and jaggery solution from a joint‑family house. The petitioner argued that he was not arrested, that the liquor was not in his conscious possession, and that the concept of deemed possession has been removed by the 2018 amendment to the Excise Act. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.20,000 with two sureties, subject to verification of his criminal antecedents and compliance with Section 482(2) of the BNSS. The order also stipulated that if more than four prior cases are found, the bail may be withdrawn. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged possession of liquor under the Excise Act and narcotic‑related offences under the BNSS.
- Whether the amendment removing the concept of deemed possession affects the bail decision.
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 272, 273, 3(5), 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Bihar Narcotic Substances Act
- deemed possession
- joint family property
- criminal antecedent
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91281 of 2025
Arising Out of PS. Case No.-146 Year-2025 Thana- BHAIRAVSHTHAN District-
Madhubani
======================================================
Jagarnath Paswan Son of Musharu Paswan Resident of Village - Raiyam, P.S.-
Bhairavsthan, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Nitu Kumari
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 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 272, 273 and 3(5) of the B.N.S. and Section 30(a) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases under the Excise Act
and allegation is of recovery of 80 litres of liquor from the
house of six different accused persons including 10 litres of
liquor from the house of petitioner along with 2500 litres of
jaggery solution which was destroyed.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.91281 of 2025(2) dt.12-01-2026
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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
knowledge and he came to be implicated based on secret
information, which is the easiest way to implicate someone. It is
next submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local person,
secret information and confessional statement in a mechanical
manner without holding a proper investigation 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.20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.91281 of 2025(2) dt.12-01-2026
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Trial Court where the case is pending/successor Court in
connection with Bhairavsthan P. S. Case No.146 of 2025,
subject to the conditions laid down under Section 482(2) of the
BNSS.
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 more than four cases,
then it would be presumed that petitioner for the purposes of
obtaining 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 has antecedent of four cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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