Patna High Court
Vijendra PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Vijendra Paswan, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 636 litres of liquor from a boat on the Ganga. He argued that he was not caught in possession, was not the owner of the boat, and the sole incriminating evidence was a confessional statement made by an accomplice in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and that the trial court verify his criminal antecedent within six weeks. If more than three prior excise cases are found, the bail would not be confirmed; if only three are found, the provisional order would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in an excise case where the only evidence is a confessional statement of an accomplice.
- Whether the High Court may condition anticipatory bail on verification of the petitioner’s criminal antecedent.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- Section 30
- Section 482
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38543 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- Khawaspur District- Bhojpur
======================================================
Vijendra Paswan S/O Rajendra paswan R/O Village- Piparpanti, Police
Station- Krishnagarh, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar Singh
For the Opposite Party/s : Mr. Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 636 liters of liquor from a boat near
bank of Ganga river.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized boat and came to be implicated based on
confessional statement of Marai an Lalan in police custody
Patna High Court CR. MISC. No.38543 of 2026(2) dt.18-06-2026
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which does not have any evidentiary value. It is also submitted
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either at the instance
of Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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 for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
15000/- (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
Khawaspur P.S. Case No. 10 of 2026 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court 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 then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.38543 of 2026(2) dt.18-06-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if 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)
Rishabh/-
U T
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