Patna High Court
Sachin PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The application for anticipatory bail is allowed, and provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Sachin Paswan, was implicated in an excise case (Case No. 356 of 2026) for the alleged recovery of 486 litres of liquor from a Bolero vehicle. He was not arrested at the scene, did not have the liquor in his conscious possession, and was not the owner of the vehicle. The prosecution’s case relied on a confessional statement made by a co‑accused, Akshay, while in police custody, which the petitioner’s counsel argued lacked evidentiary value. The petitioner, who has a clean antecedent, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code. The Court considered the submissions and directed that provisional anticipatory bail be granted upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent. The order further provides that if any prior case is discovered, the bail will not be confirmed, otherwise it will be confirmed forthwith.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 CrPC to the petitioner in view of the alleged offences under the Excise Act and the nature of the evidence?
- Whether the confessional statement of a co‑accused made in police custody can be the basis for denying anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 47
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- seizure of liquor
- confessional statement
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44594 of 2026
Arising Out of PS. Case No.-356 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
Sachin Paswan S/O Vijaymal Paswan @ Vijaymal Pasawan Resident of vill-
Bhaisakhal, PS- Jiradei, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Anupam
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-07-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) and 47 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 486 litres of liquor from a Bolero vehicle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on the
confessional statement of Akshay in police custody which does
not have any evidentiary value.
Patna High Court CR. MISC. No.44594 of 2026(2) dt.08-07-2026
2/3
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) 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
Siwan Excise P. S. Case No.356 of 2026, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
Patna High Court CR. MISC. No.44594 of 2026(2) dt.08-07-2026
3/3
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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