Patna High Court
Chhotu Paswan @ Chhotu Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents and compliance with bail conditions under Section 482(2) of the B.N.S.S.
Summary
Chhotu Paswan applied for anticipatory bail after learning that he may be arrested in a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (Amendment) Act, alleging that 40 litres of liquor and 1240 litres of jaggery solution were seized from Suresh Paswan's house, not his. The petitioner argued that no liquor was found in his possession, the recovery was from a premises unrelated to him, and the case was based solely on a confessional statement made by Suresh Paswan while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, with the bail to be confirmed only if the antecedent is limited to one prior case.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act.
- Whether a confessional statement made by a co‑accused in police custody can form the basis for arrest.
- Whether the police investigation was sufficient to justify the petitioner's arrest.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 30(c)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police investigation
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44365 of 2026
Arising Out of PS. Case No.-84 Year-2026 Thana- EXCISE ROSERA District- Samastipur
======================================================
Chhotu Paswan @ Chhotu Kumar Paswan Son of Late Raj Kumar Paswan
Resident of village - Kharahia, Police Station - Hasanpur, District -
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-07-2026 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 offence punishable under Sections 30(a), 30(c)
of Bihar Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 40 litres of liquor from house of
Suresh Paswan along with 1240 litres of Jaggery solution which
was destroyed. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and even alleged recovery is from a place
which does not belong to the petitioner and petitioner has no
Patna High Court CR. MISC. No.44365 of 2026(2) dt.07-07-2026
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concern or relation with Suresh and he came to be implicated
based on confessional statement of Suresh in police custody
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 through
chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory 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 Rosera Excise P.S. Case No.84/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
Patna High Court CR. MISC. No.44365 of 2026(2) dt.07-07-2026
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one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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