Patna High Court
Shambhu Paswan @ Shambhu RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted conditionally, subject to verification of the petitioners' criminal antecedents.
Summary
The petitioners, four residents of Rajpur village, applied for anticipatory bail in a case registered under Sections 30(a) and 37 of the Excise Act concerning the alleged recovery of 40 litres of liquor. They contended that they were not arrested at the scene, had no possession of the liquor, and were implicated only through confessional statements of co‑accused taken in police custody, which they argued lack evidentiary value. The State opposed the bail. The Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to verification of their criminal antecedents. The order conditions that if the verification reveals more prior cases than disclosed, the bail will not be confirmed; otherwise, it will be confirmed. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted in offences punishable under Sections 30(a) and 37 of the Excise Act.
- Whether a confessional statement of co‑accused, made in police custody, can form a basis for arrest and denial of bail.
- Whether the existence of prior criminal antecedents affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Excise Act — s. 30(a), 37
Subjects
- anticipatory bail
- Excise Act
- liquor seizure
- confessional statement
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36744 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- IMADPUR District- Bhojpur
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1. Shambhu Paswan @ Shambhu Ram S/o Nagina Paswan @ Nagina Ram R/O
Village- Rajpur, P.S- Imadpur, District- Bhojpur
2. Aashish Kumar @ Ashish Paswan S/o Bikrama Paswan R/O Village- Rajpur,
P.S- Imadpur, District- Bhojpur
3. Dharmendra Paswan @ Dharmendra Ram S/o Surendra Paswan @ Surendra
Ram R/O Village- Rajpur, P.S- Imadpur, District- Bhojpur
4. Dadan Paswan @ Dadan Ram S/o Munshi Paswan @ Munshi Ram R/O
Village- Rajpur, P.S- Imadpur, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhawana Jha
For the Opposite Party/s : Mr.Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-06-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 30(a) and 37 of the Excise Act.
3. In view of the submissions made by the learned
counsel for the petitioners, the defects as pointed out by the
office is ignored.
4. It is next submitted that petitioner nos.1 and 2 have
antecedent of one case, petitioner no.3 has antecedent of two
Patna High Court CR. MISC. No.36744 of 2026(2) dt.19-06-2026
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cases and petitioner no.4 is a person with clean antecedent and
the allegation is of recovery of 40 litres of liquor from
possession of three co-accused persons i.e. 15 litres of liquor
from possession of Sanjeet, 10 litres of liquor from possession
of Sunil and 15 litres of liquor from possession of Nandji.
5. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and they have no
concern or relation with the apprehended accused and they came
to be implicated based on the confessional statement of
apprehended accused in police custody which does not have any
evidentiary value.
6. Learned A.P.P. opposes the anticipatory bail
application.
7. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum 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
Patna High Court CR. MISC. No.36744 of 2026(2) dt.19-06-2026
3/3
connection with Imadpur P. S. Case No. 18 of 2026, subject to
the conditions laid down under Section 482(2) of the BNSS.
8. The application stands allowed.
9. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners 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 more
than one case, petitioner no.3 has antecedent of more than two
cases and petitioner no.4 has antecedent of even one case, then
it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their 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 nos.1 and 2 have
antecedent of only one case, petitioner no.3 has antecedent of
only two cases and petitioner no.4 is a person with clean
antecedent, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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