Patna High Court
Ranjan Paswan @ Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act, 2023 — s. 317(5)
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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