Patna High Court
Raju PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Raju Paswan, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 266.4 litres of liquor from a motorcycle. He argued that he was not caught in possession, was not the vehicle's owner, and the case was based solely on a confessional statement made by another person in police custody, which he claimed lacked evidentiary value. The petitioner also disclosed a criminal antecedent of ten cases, six of which relate to the Excise Act, and sought anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 50,000 with two sureties and directed verification of his antecedent. The order stipulated that if the antecedent exceeds ten cases, the bail would be cancelled; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether a confessional statement made in police custody can form the basis for an arrest in an excise case.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police custody
- criminal antecedent
- Section 30 Bihar Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27411 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- BADHAILA District- Rohtas
======================================================
Raju Paswan Son of Siya Ram Paswan @ Baghawat Paswan Resident of
Village - Shri Nagar Suara Tola, P.S.- Baghaila, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chhote Lal Mishra
For the Opposite Party/s : Mr. Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of ten cases out of which 6 cases are
under the Excise Act and allegation is of recovery of 266.4 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
confessional statement of Ranjay in police custody which does
Patna High Court CR. MISC. No.27411 of 2026(2) dt.23-04-2026
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not have any evidentiary value. It is also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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.
50000/- (Rupees Fifty Thousand) 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 Badhaila
P.S. Case No. 34 of 2026 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 more than ten
cases 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.27411 of 2026(2) dt.23-04-2026
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confirmed, but after verification if it is found that petitioner has
antecedent of ten cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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