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Patna High Court

Ratnesh Kumar @ Ratnesh PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail as the evidence against him is insufficient and the confessional statement of a co‑accused lacks evidentiary value.

Summary

The petitioner, Ratnesh Kumar, was arrested in connection with the alleged recovery of 738 litres of liquor from a Scorpio vehicle, charged under Section 317(5) of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act. He contended that he was not the owner of the vehicle, that the liquor was not found in his conscious possession, and that the case against him was based solely on a confessional statement made by another accused, Aditya, which he argued lacked evidentiary value. The State opposed bail, citing the petitioner’s prior four excise cases. The court examined the lack of direct evidence, the reliance on a co‑accused’s confession, and the length of custody, and concluded that the material facts did not justify continued detention. Consequently, the court granted bail, ordering the petitioner to be released on a bond of Rs. 5,000 with two sureties of the same amount. The matter was remanded to the trial court for further proceedings.

Issues considered

  • Whether the petitioner is entitled to bail despite prior excise cases and the nature of the alleged offence.
  • Whether a confessional statement of a co‑accused, made in police custody, can be the sole basis for denying bail.

Legislation cited

Subjects

  • bail
  • excise law
  • confessional statement
  • criminal procedure
  • Section 317
  • Section 30
  • Bihar

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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