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Patna High Court

Guddu PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedent, with a bond and sureties, and stipulated that confirmation of bail depends on the outcome of that verification.

Summary

Guddu Paswan was implicated in a case alleging recovery of 50 litres of liquor from a motorcycle, charged under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Excise Act. He contended that he had a clean antecedent, was not the owner of the vehicle, and that the liquor was not found in his conscious possession; the prosecution’s case relied on a confessional statement of another accused, which he argued lacked evidentiary value. He also submitted that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.500 with two sureties, and directed the trial court to verify his criminal antecedent; if any antecedent is found, the bail will not be confirmed, otherwise it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite allegations under the Bihar Narcotic Substances Act and Bihar Excise Act.
  • Whether a confessional statement of a co‑accused, obtained in police custody, can be relied upon to deny bail.
  • Effect of the 2018 amendment removing the doctrine of deemed possession on the bail application.
  • Whether the conditions imposed under Section 482(2) of the Bihar Narcotic Substances Act are appropriate for provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • deemed possession
  • confessional statement
  • excise law
  • provisional bail
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24840 of 2026
                      Arising Out of PS. Case No.-444 Year-2024 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Guddu Paswan S/o- Umesh Paswan R/v- Mahanwa Ps- Turkauliya District-
                 East Champarn

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  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 274, 275

                   and 3(5) of the BNS, 2023 read with Section 30(a) of the Bihar

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 50 liters of liquor from a motorcycle.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized vehicle and came to be implicated based on
Patna High Court CR. MISC. No.24840 of 2026(2) dt.20-04-2026
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          confessional statement of apprehended accused in police

          custody which does not have any evidentiary value. It is next

          submitted that after amendment in the excise act in the year

          2018, the concept of deemed possession and presumed offender

          has been done away with.

                       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.

          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

          Turkauliya P.S. Case No. 444 of 2024 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
            Patna High Court CR. MISC. No.24840 of 2026(2) dt.20-04-2026
                                                        3/3




                      confirmed, but after verification if it is found that petitioner is a

                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                                (Satyavrat Verma, J)
Rishabh/-

U      T


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