Patna High Court

Harendra PaswanversusThe State of Bihar

Decided: 17 February 2026
Disposal: ALLOWED
Bench: ALOK KUMAR SINHA

Holding

Bail is granted subject to bond, sureties, cooperation, and verification of criminal antecedent.

Summary

The petitioner, Harendra Paswan, sought bail in a case alleging possession of 173.20 litres of foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution’s case was based solely on a confessional statement of a co‑accused, with no physical recovery from the petitioner and no independent witnesses. The petitioner argued that the confession lacked evidentiary value and that he had a clean criminal record. The court noted the absence of direct evidence linking the petitioner to the seized liquor and considered his clean antecedent. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to cooperation with the investigation, verification of his antecedents, and possible cancellation if concealment is discovered.

Issues considered

Whether bail can be granted when the only evidence against the accused is a co‑accused’s confessional statement.
Whether the lack of physical possession and clean antecedent justify bail under Section 438(2) CrPC and Section 482(2) B.N.S.S., 2023.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)
B.N.S.S., 2023 — s. 482(2)
Code of Criminal Procedure — s. 438(2)

Subjects

bail
excise law
confessional statement
evidentiary value
criminal antecedent
Section 30(a)
Section 438
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10918 of 2026
                     Arising Out of PS. Case No.-846 Year-2025 Thana- SITAMARHI District- Sitamarhi
                 ======================================================
                 Harendra Paswan S/O Dilip Paswan Resident of Village- Ward No 16,
                 Chakmahila, P.S- Sitamarhi, Disrtict- Sitamarhi.

                                                                                     ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Madhumay Madhup
                 For the Opposite Party/s :        Ms. Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026                           Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor 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 Act, 2016.

                                   3. As per the prosecution case, the recovery is of

                   173.20 liters of foreign liquor from the house of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   name of the petitioner has surfaced in the case on account of

                   suspicion. No recovery has been made from the physical and

                   conscious possession of the petitioner and from the reading of

                   the FIR it appears that his name has come up on the basis of

                   confessional statement of co-accused which carries no

                   evidentiary value. There is no independent witness to the said
Patna High Court CR. MISC. No.10918 of 2026(2) dt.17-02-2026
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          seizure list and the petitioner has no criminal antecedent.

                             5. The application is opposed by the learned APP

          for the State.

                             6. Considering the fact that no recovery has been

          made from the physical conscious possession of the petitioner

          and from reading of the FIR it appears that his name has come

          up on the basis of confessional statement of co-accused which

          carries no evidentiary value and further given the fact that the

          petitioner is a person with clean antecedent, let the petitioner,

          above named, in the event of his arrest or surrender before the

          Court below within four weeks, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Special Judge, Exclusive Excise Court-02, Sitamarhi in

          connection with Sitamarhi P.S. Case No. 846 of 2025, subject to

          the condition laid down under Section 438 (2) of the Code of

          Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and

          subject to the further condition that:-

                       (i)     the    petitioner      shall    co-operate   in   the

          investigation/trial.

                       (ii) the learned Court would, however, verify the

          criminal antecedent of the petitioner and in case it is found that
          Patna High Court CR. MISC. No.10918 of 2026(2) dt.17-02-2026
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                    the petitioner has concealed his criminal antecedent, the Court

                    below shall take step for cancellation of bail bond of the

                    petitioner. However, it is expected that the verification process

                    would be done expeditiously without causing any delay.



                                             (Alok Kumar Sinha, J)
Gaurav Sinha/-

U

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