Jitendra Paswan v. The State Of Bihar
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 ====================================================== 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 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 2/3 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 3/3 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