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Patna High Court

Bhartendu PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with the stipulated bond and surety requirements.

Summary

The petitioner, Bhartendu Paswan, sought anticipatory bail fearing arrest in a case registered under Sections 30(A), 32, 36 and 41(1) of the Bihar Prohibition and Excise Amendment Act, 2022, alleging recovery of 2,851.125 litres of liquor from a truck. He contended that he had no conscious possession of the liquor, was not the owner of the vehicle, and was implicated solely on a confessional statement made by an accomplice, Hira, while in police custody, which he argued lacked evidentiary value. The petitioner also highlighted that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered provisional anticipatory bail subject to a modest bail bond and two sureties, directing the trial court to verify the petitioner’s antecedents and confirm the bail if no prior cases are found, otherwise to cancel it.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances described
  • Whether the confessional statement of an accomplice made in police custody can be the basis for arrest
  • Effect of the 2018 amendment removing deemed possession and presumed offender doctrines on bail considerations

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Amendment Act
  • deemed possession
  • presumed offender
  • confessional statement
  • provisional bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20718 of 2026
                   Arising Out of PS. Case No.-396 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Bhartendu Paswan S/O Binod Paswan R/O Village- Uttri Ward No. 08, P.S-
                 Nanpur, Dist.- Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ayush Kumar
                 For the Opposite Party/s :       Mr. Umanath Mishra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  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 Sections 30(A), 32,

                   36, 41(1) of Bihar Prohibition and Excise Amendment Act,

                   2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 2851.125 litres of liquor from a truck. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and is not

                   the owner of the seized vehicle and he came to be implicated

                   based on confessional statement of Hira in police custody which

                   does not have any evidentiary value. It is also submitted that
Patna High Court CR. MISC. No.20718 of 2026(2) dt.31-03-2026
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          after amendment in the Excise Act in the year 2018, the concept

          of deemed possession and presumed offender has been done

          away with.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 Runnisaidpur P.S. Case No.396/2023, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.20718 of 2026(2) dt.31-03-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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