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Patna High Court

Sachin PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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                       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
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                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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