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Patna High Court

Chandan PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent, with confirmation contingent on a clean record.

Summary

Chandan Paswan applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 108 litres of liquor from three vehicles. The petitioner argued that he had no clean possession, was not the owner of the vehicles, and was linked to the offence only through a confessional statement made by a co‑accused while in police custody, which he claimed lacked evidentiary value. He also highlighted that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a modest bond and two sureties, directing the trial court to verify the petitioner’s criminal antecedent before confirming the bail. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed immediately.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether a confessional statement made by a co‑accused in police custody is admissible for establishing guilt.
  • Effect of the 2018 amendment removing the concepts of deemed possession and presumed offender on the bail application.

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • confessional statement
  • deemed possession
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12540 of 2026
                   Arising Out of PS. Case No.-152 Year-2025 Thana- Excise Benipatti District- Madhubani
                 ======================================================
                 Chandan Paswan Son of Guru Sharan Paswan Resident of Village- Depura,
                 P.S.- Benipatti, District- Madhubani

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Shailendra Kumar Jha
                 For the Opposite Party/s :         Mr.Kumar Veerendra Narayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-03-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 108 litres of liquor from three different vehicles.

                             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 is not the owner of

                   any of the seized vehicles and he came to be implicated based

                   on confessional statement of Sunil in police custody which does

                   not have any evidentiary value. It is also submitted that after
Patna High Court CR. MISC. No.12540 of 2026(2) dt.09-03-2026
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          2018 amendment in the Excise Act, the concept of deemed

          possession and presumed offender has been done away with. It

          is reiterated and submitted that petitioner is a person with clean

          antecedent.

                   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 within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds 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 Excise Benipatti P.S. Case No. 152 of 2025,

          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 even 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 is a
              Patna High Court CR. MISC. No.12540 of 2026(2) dt.09-03-2026
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                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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