Patna High Court
Shravan PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bonds, sureties and verification of the petitioner’s antecedents, with confirmation contingent on the finding of no more than two prior cases.
Summary
Shravan Paswan sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for allegedly recovering 8.5 litres of liquor. He argued that the alleged liquor was seized from a location not belonging to him and that the case was based solely on a confessional statement of another accused, with no material recovered from his possession. The petitioner also disclosed two prior cases under the Excise Act. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.10,000 bail bond with two sureties and directed verification of the petitioner’s criminal antecedents; if more than two prior cases are found, the bail would not be confirmed, otherwise it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior two cases under the Excise Act affect the grant of anticipatory bail.
- Whether the reliance on a confessional statement of another accused suffices for arrest.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- prior convictions
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5796 of 2026
Arising Out of PS. Case No.-330 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
Shravan Paswan S/O Jhagru Paswan Resident Of VIllage- Khaprail Chak,
P.S- Parsa Bazar, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nityanand Neeraj
For the Opposite Party/s : Mr.Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 26-02-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 8.5 litres of liquor from a sack.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated based on confessional statement of
apprehended-accused in police custody which does not have any
Patna High Court CR. MISC. No.5796 of 2026(3) dt.26-02-2026
2/3
evidentiary value. It is further submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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, 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.
10,000/- (Rupees Ten 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 Parsa
Bazar P.S. Case No. 330 of 2025, subject to the conditions as
laid down under Section 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
in the event if it is found that petitioner has antecedent of more
than two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.5796 of 2026(3) dt.26-02-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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