Patna High Court
Birender Paswan @ Birindra @ Virendra PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to conditions under Section 438(2) CrPC and verification of his antecedent.
Summary
The petitioner, Birender Paswan, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 70 litres of liquor from his house. He argued that he has a clean antecedent, was not arrested at the spot, and the liquor was located in a joint family property, making it uncertain that he possessed it. The petitioner also contended that the amendment to the Excise Act in 2018 had abolished the concepts of deemed possession and presumed offender, and that the FIR did not disclose the informant’s identity, weakening the prosecution’s case. The State opposed the bail. The court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of his antecedent and compliance with Section 438(2) CrPC conditions. The application was allowed, with a proviso that the bail may be revoked if a criminal antecedent is discovered.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to the petitioner accused under Section 30(a) of the Excise Act.
- Whether the amendment to the Excise Act, 2018, eliminates the doctrine of deemed possession and presumed offender, affecting bail considerations.
- Whether the absence of arrest and the joint family nature of the property negate the presumption of possession for bail purposes.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- deemed possession
- presumed offender
- clean antecedent
- joint family property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9806 of 2026
Arising Out of PS. Case No.-1224 Year-2025 Thana- ALAMGANJ District- Patna
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Birender Paswan @ Birindra @ Virendra Paswan Son of Hira Paswan R/o
Laddu Akhara, Naya Gaun, P.S. - Alamganj, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mithilesh Kumar Arya
For the Opposite Party/s : Mr.Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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 70 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.9806 of 2026(2) dt.15-04-2026
2/3
knowledge and after Amendment in the Excise Act, 2018, the
concept of deemed possession and presumed offender has been
done away with and he came to be implicated at the instance of
local person, but the name of the person, who disclosed the
name of the petitioner is not disclosed in the F.I.R., which casts
an aspersion on the case of the prosecution, when admittedly
petitioner is a person with clean antecedent and has not been
implicated based on secret information.
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
Alamganj P. S. Case No.1224 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
Patna High Court CR. MISC. No.9806 of 2026(2) dt.15-04-2026
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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
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/-
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