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Patna High Court

Ashok Paswan @ Ashok Kumar PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties and verification of his criminal antecedent.

Summary

The petitioner, Ashok Paswan, sought anticipatory bail fearing arrest in a case under Sections 30(a), 30(d), 30(f), 33 and 34 of the Bihar Prohibition and Excise Act, relating to alleged recovery of spirits and liquor from a motorcycle and a shop. He argued that the seized items were not in his conscious possession, he was not the owner of the vehicle or shop, and the only evidence against him was a confessional statement made in police custody, which he claimed lacks evidentiary value. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedent within six weeks. The order further stipulated that if more than one antecedent case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act.
  • Whether a confessional statement made in police custody has evidentiary value for granting bail.
  • Whether the petitioner’s alleged lack of ownership and possession of the seized items affects bail considerations.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • confessional statement
  • criminal antecedent
  • Section 438 CrPC
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.506 of 2026
                     Arising Out of PS. Case No.-321 Year-2025 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Ashok Paswan @ Ashok Kumar Paswan Son of Bhagawan Jee Paswan
                 Resident of Village - Dokahar, P.S. - Kaluahi, Dist. - Madhbani.
                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bhavesh Kumar Sah, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                   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 offences punishable under Sections 30(a),

                    30(d), 30(f), 33 and 34 of the Bihar Prohibition and Excise Act.

                                 3. Learned counsel for the petitioner submits that

                    petitioner has antecedent of one case and allegation is of

                    recovery of 20 litres of spirit from a motorcycle, 61 litres of

                    liquor from a shop along with some empty liquor bottles and

                    1.500 litres of colour liquid was seized.

                                 4. Learned counsel for the petitioner submits that

                    petitioner was not arrested from the spot, as such, nothing was

                    recovered from his conscious possession. It is further submitted

                    that petitioner is neither the owner of the seized vehicle nor the

                    shop and he came to be implicated based on the confessional
Patna High Court CR. MISC. No.506 of 2026(2) dt.15-01-2026
                                            2/3




          statement of apprehended accused in police custody which does

          not have any evidentiary value in the eye of law.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.5,000/- (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

          Madhubani Sadar Excise P.S. Case No. 321 of 2025, subject to

          the conditions as laid down under Section 438 (2) of the

          Cr.P.C./482(2) of the BNSS.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order

          shall not be confirmed but if it is found on verification that
           Patna High Court CR. MISC. No.506 of 2026(2) dt.15-01-2026
                                                       3/3




                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                        (Satyavrat Verma, J)

Kundan/-

U     T


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