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Patna High Court

Ranjan Paswan @ Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Ratnesh Kumar, was arrested in connection with the alleged recovery of 738 litres of liquor from a Scorpio vehicle and charged under Section 317(5) of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act. He has four prior excise cases and has been in custody since 26 May 2026. The petitioner contended that he was not caught in possession, was not the owner of the vehicle, and was implicated solely on a confessional statement made by another accused in police custody, which he argued lacks evidentiary value. The State opposed the bail application. Considering the lack of direct possession, the questionable basis of the accusation, and the period of custody, the Court ordered his release on bail upon furnishing a bond of Rs. 5,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 317(5) of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act, given the circumstances of alleged non‑possession and reliance on a confessional statement.

Legislation cited

Subjects

  • bail
  • excise law
  • confessional statement
  • Section 317
  • Bihar Excise Act
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43707 of 2026
                     Arising Out of PS. Case No.-243 Year-2025 Thana- SITAMARHI District- Sitamarhi
                 ======================================================
                 Ratnesh Kumar @ Ratnesh Paswan S/O Late Bachchu Paswan R/O Village-
                 Bhupbhairo, P.S.- Sitamarhi, Dist- Sitamarhi

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hans Lal Kumar
                 For the Opposite Party/s :        Mr. Md. Anzarul Haque Sahara
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 317(5) of the BNS, 2023 read

                   with Section 30(a) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the Excise Act and

                   is in custody since 26.05.2026 and allegation is of recovery of

                   738 liters of liquor from a Scorpio vehicle.

                                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 vehicle and came to be implicated based on

                   confessional statement of Aditya in police custody which does
            Patna High Court CR. MISC. No.43707 of 2026(2) dt.03-07-2026
                                                        2/2




                      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 bail

                      application of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner and taking into consideration the

                      period of custody, the petitioner above-named, is directed to be

                      released on bail on furnishing bail bonds of Rs. 5000/- (Rupees

                      Five 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 Sitamarhi P.S. Case

                      No. 243 of 2025.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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