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Patna High Court

Chhotu Paswan @ Chhotu Kumar PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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