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Patna High Court

Pintu Paswan @ Rajesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedents by the trial court.

Summary

The petitioner, Pintu Paswan, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 64 litres of liquor from four sacks. He contended that he had no prior criminal record, that the liquor was recovered from a location not belonging to him, and that he was not in actual possession at the time of arrest. The prosecution’s case relied on a confessional statement made by a co‑accused, Indrajit, while in police custody, which the petitioner argued lacked evidentiary value. He applied for anticipatory bail, asserting that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond and two sureties, and directed the trial court to verify the petitioner’s antecedents before confirming the bail order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C.
  • Whether a confessional statement made by a co‑accused in police custody is admissible as evidence.
  • Whether the amendment to the Bihar Prohibition and Excise Act, 2022, eliminates the doctrine of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • excise law
  • confessional statement
  • deemed possession
  • presumed offender
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32070 of 2026
                       Arising Out of PS. Case No.-138 Year-2026 Thana- CHENARI District- Rohtas
                 ======================================================
                 Pintu Paswan @ Rajesh Kumar S/o Harigovind Paswan Resident of Village-
                 Nayakpur, P.S.- Chenari, District- Rohtas
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Siddharth Harsh, Advocate
                 For the Opposite Party/s :       Mr. Kanhiya Kishor, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-05-2026                  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, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 64 litres of liquor from four different sacks.

                                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 a place which does not belong to the petitioner

                   and he has no concern with the sack in question. It is further

                   submitted that petitioner came to be implicated based on the

                   confessional statement of Indrajit in police custody which does
Patna High Court CR. MISC. No.32070 of 2026(2) dt.13-05-2026
                                            2/3




          not have any evidentiary value in the eye of law. 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 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.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 Chenari P.S. Case

          No. 138 of 2026, 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 even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.32070 of 2026(2) dt.13-05-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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