Patna High Court
Rohit PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to a bail bond, sureties and verification of the petitioner’s antecedents.
Summary
Rohit Paswan applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act. He argued that he was not arrested on the spot, had no possession of the seized liquor, was not the owner of the motorcycles involved, and that the confessional statement of another accused was not evidentiary, especially after the 2018 amendment that removed the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted a provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed verification of his criminal antecedents, stating that if more than three prior cases are found, the bail would be revoked. The order was made subject to the conditions of Section 438(2) CrPC and the trial court’s verification.
Issues considered
- Whether anticipatory bail can be granted for offences under Section 317(5) B.N.S. and Section 30(a) Excise Act.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether a confessional statement of a co‑accused has evidentiary value for bail considerations.
- Effect of the 2018 amendment removing deemed possession on the bail application.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- criminal antecedent
- deemed possession
- confessional statement
- provisional bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34321 of 2026
Arising Out of PS. Case No.-244 Year-2025 Thana- PARIHAR District- Sitamarhi
======================================================
Rohit Paswan S/o Nunu Paswan R/o Village- Bathnaha, P.S. Bathnaha,
District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Mishra
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 317(5) of the B.N.S. and Section 30(a) of the Excise
Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases out of which one
case under the Excise Act and allegation is of recovery of
916.200 litres of liquor from nine different motorcycles.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
any of the seized motorcycles and he came to be implicated
Patna High Court CR. MISC. No.34321 of 2026(2) dt.15-05-2026
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based on confessional statement of apprehended accused which
does not have any evidentiary value. It is also submitted that
after Amendment in the Excise Act, 2018, the concept of
deemed possession and presumed offender has been done away
with.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.15,000/- (Rupees Fifteen 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 Parihar P. S. Case No.244 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than three cases,
Patna High Court CR. MISC. No.34321 of 2026(2) dt.15-05-2026
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then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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