Patna High Court
Ajay Paswan @Ajay Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail with conditions, subject to verification of the petitioners’ criminal antecedents.
Summary
The petitioners, Ajay Paswan, Shambhu Paswan and Anil Tiwari, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 266.4 litres of liquor from a motorcycle. They contended that they were not caught in possession, were not owners of the vehicle, and were implicated solely on a confessional statement made by a third person, Ranjay, while in police custody, which they argued lacks evidentiary value. They further submitted that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court granted provisional anticipatory bail conditioned on a bail bond of Rs 10,000 with two sureties and directed the trial court to verify the petitioners’ criminal antecedents, stating that bail would be confirmed only if the antecedents disclosed were as claimed, otherwise it would be withdrawn for any petitioner who concealed prior cases.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence is under Section 30(a) of the Bihar Excise Act.
- Whether a confessional statement made by a third person in police custody can form the basis for arrest and denial of bail.
- Effect of the 2018 amendment to the Bihar Excise Act on the doctrines of deemed possession and presumed offender.
- Whether the petitioners’ prior criminal antecedents, if concealed, justify denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- deemed possession
- presumed offender
- confessional statement
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28418 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- BADHAILA District- Rohtas
======================================================
1. Ajay Paswan @Ajay Kumar Paswan Son of Lalan Paswan Resident Of
Mohalla -Shrinagar Tola, Ps- Baghaila, Dist- Rohtas
2. Shambhu Paswan @ Shambhu Kumar Son of Shri Bhagwan Paswan
Resident Of Mohalla -Shrinagar Tola, Ps- Baghaila, Dist- Rohtas
3. Anil Tiwari Son of Late Dharmraj Tiwary Resident Of Mohalla - Suara, Ps-
Baghaila, Dist- 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 : Ms.Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner nos. 1 and 2 have antecedent of one case and
petitioner no. 3 has antecedent of two cases under the Excise
Act and allegation is of recovery of 266.4 litres of liquor from a
motorcycle.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.28418 of 2026(2) dt.29-04-2026
2/3
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and are not the owner
of the seized motorcycle and they came to be implicated based
on confessional statement of Ranjay 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
each 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 Baghaila P.S. Case No. 34 of 2026,
subject to the conditions as laid down under Section Section
482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioner nos. 1 and 2 have antecedent of
Patna High Court CR. MISC. No.28418 of 2026(2) dt.29-04-2026
3/3
more than one case and petitioner no. 3 has antecedent of more
than two cases, for the purposes of seeking anticipatory bail, had
concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed with
respect to that petitioner who had concealed his criminal
antecedent before this Court, but after verification if it is found
that petitioner nos. 1 and 2 have antecedent of one case and
petitioner no. 3 has antecedent of two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…