Patna High Court
Arjun PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent, with confirmation contingent on the antecedent check.
Summary
Arjun Paswan sought anticipatory bail fearing arrest in a case under Sections 30(a), 30(c) and 30(d) of the Bihar Excise Act for alleged recovery of 95 litres of liquor from five locations. He argued that the liquor was not found in his possession, the recovery was from premises not belonging to him, and the case against him relied on a confessional statement of an apprehended accused, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that Paswan furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedent. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the provisional bail will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Excise Act where the alleged recovery is not in the accused's possession.
- Whether a confessional statement of an apprehended accused in police custody is admissible for granting anticipatory bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- confessional statement
- criminal antecedent
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11856 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- WARISNAGAR District- Samastipur
======================================================
Arjun Paswan S/O Late Asharfi Paswan @ Late Ashrfi Paswan Resident of
village- Raghunathpur, P.S- Warisnagar, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a),
30(c) and 30(d) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 95 litres of liquor from five different
places.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.11856 of 2026(2) dt.24-02-2026
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apprehended-accused in police custody which does not have any
evidentiary value.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five Thousand) 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
Warisnagar P.S. Case No. 8 of 2026, subject to the conditions as
laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
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case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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