Patna High Court
Shri Prasad Paswan @ Shree Prasad PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, holding that the absence of physical possession and reliance on a co‑accused’s confessional statement do not justify denial of bail.
Summary
Shri Prasad Paswan was implicated in a case involving the alleged recovery of 237 litres of Nepali liquor under Sections 274, 275, 3(5) of the BNS, 2023 and 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was not apprehended on the spot, no liquor was recovered from his physical possession, and his alleged involvement stemmed solely from a co‑accused’s confessional statement, which he argued lacks evidentiary value. The State opposed the grant of anticipatory bail. The Court examined the lack of direct possession and the reliance on a confessional statement, finding insufficient grounds to deny bail. Consequently, the Court exercised its inherent powers under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and ordered anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, to be executed before the Special Judge, Excise Court, Jhanjharpur within six weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted when the accused is not apprehended on the spot and no seizure is made from his possession.
- Whether a confessional statement of a co‑accused can form the sole basis for denying anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 274, 275, 30(a)
- BNS, 2023 — s. 3(5)
Subjects
- anticipatory bail
- confessional statement
- illegal liquor
- excise law
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16942 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- ANDHRAMATH District- Madhubani
======================================================
Shri Prasad Paswan @ Shree Prasad Paswan Son of Fuleshwar Paswan
Resident of village - Dharhara, P.S.- Andharamath, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Adv.
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Andharamath P.S. Case No.05 of 2026 registered for the
offence under Section 274/275, 3(5) BNS, 2023 and 30(a) of
Bihar Prohibition and Excise Act.
3. As per prosecution case, there is recovery of 237
liters of Nepali countrymade liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and he has
falsely been implicated in this case. Learned counsel for the
petitioner further submits that the petitioner was not
apprehended on the spot and no recovery was made from the
conscious physical possession of the petitioner. Learned counsel
for the petitioner next submits that petitioner’s name come on
Patna High Court CR. MISC. No.16942 of 2026(2) dt.25-03-2026
2/2
the confessional statement of co-accused, which carries no
evidentiary value.
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact that the petitioner was not
apprehended on the spot and no recovery was made from the
conscious physical possession of the petitioner and that he
appears to have been implicated on the confessional statement
of co-accused, which carries no evidentiary value, this court is
inclined to grant privilege of anticipatory bail to the petitioner.
7. Accordingly, 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
anticipatory bail on his furnishing bail-bonds in the sum of
Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Special Judge,
Excise Act, Jhanjharpur in connection with Andharamath P.S.
Case No.05 of 2026, subject to the conditions laid down under
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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