Patna High Court
Pintu Paswan @ Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic and Substance (B.N.S.S.) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.