Patna High Court
Bipin Paswan @ Bipin Bihari PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Bipin Paswan, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, for alleged possession of liquor recovered from another person, Sunil Kumar Singh. He argued that he was not in actual possession, the recovery was based on a confessional statement made in police custody, and that the amended Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.30,000 bond, two sureties, and verification of the petitioner’s criminal antecedent within six weeks. It directed that if more than six prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the confessional statement of a co-accused in police custody is admissible to implicate the petitioner.
- Whether the concepts of deemed possession and presumed offender, as claimed by the petitioner, are applicable post‑2018 amendment.
Legislation cited
- Bihar Narcotic Substances Act (B.N.S.S.) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- deemed possession
- criminal antecedent
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31897 of 2026
Arising Out of PS. Case No.-581 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
Bipin Paswan @ Bipin Bihari Paswan S/O Jagnarayan Paswan Resident of
village - Mishripur, Police Station - Sasaram (Mufassil), District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of six cases out of which one case is
under the Excise Act and allegation is of recovery of 10.365
litres of liquor from possession of Sunil Kumar Singh.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from Sunil Kumar Singh with whom petitioner has
no concern or relation. It is further submitted that petitioner
came to be implicated based on the confessional statement of
Patna High Court CR. MISC. No.31897 of 2026(2) dt.12-05-2026
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Sunil Kumar Singh in police custody which does not have any
evidentiary value in the eye of law. It is further 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 appearing on behalf of the petitioner, let 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.30,000/-
(Rupees Thirty 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 Sasaram (M) P.S.
Case No. 581 of 2023, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than six
cases, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.31897 of 2026(2) dt.12-05-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only six cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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