Patna High Court
Guddu PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 274, 275, 3(5), 482(2)
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
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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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