Patna High Court
Ranjit PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to specified bond, surety, and antecedent verification conditions.
Summary
The petitioner, Ranjit Paswan, sought anticipatory bail fearing arrest in a case registered under Sections 274, 275, 3(5) BNS and Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He contended that the alleged liquor recovery (6.6 litres from Dharmendra's house and 21.3 litres from Ram Babu's house) was not from his possession and that the case was based solely on a confessional statement made by Dharmendra while in police custody, which he argued lacks evidentiary value. The State opposed the bail, asserting the seriousness of the excise offences. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and a condition that the trial court verify the petitioner’s criminal antecedents. It further directed the petitioner to deposit Rs.2,500 with the Patna High Court Advocates’ Association within two weeks, and clarified that confirmation of the bail would depend on the antecedent verification.
Issues considered
- Whether anticipatory bail should be granted in a case under the Bihar Prohibition and Excise Act, 2022.
- Whether a confessional statement made in police custody can form the sole basis for implicating the petitioner.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- Section 482 CrPC
- Bihar Prohibition and Excise Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5825 of 2026
Arising Out of PS. Case No.-21 Year-2025 Thana- Narhiya District- Madhubani
======================================================
Ranjit Paswan S/O Umesh Paswan R/O Village- Baluaha, P.S.- Narhaiya,
District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Adv.
Mr. Udeshya Kumar Yadav, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 offence punishable under Sections 274, 275,
3(5) BNS & Section 30(a) of Bihar Prohibition and Excise Act,
2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 6.6 litres of liquor from house of
Dharmendra and 21.3 litres from house of Ram Babu. 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
Patna High Court CR. MISC. No.5825 of 2026(2) dt.03-02-2026
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petitioner and petitioner has no concern or relation with
Dharmendra and Ram Babu and he came to be implicated based
on confessional statement of Dharmendra 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 before the learned Court below
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 Narhaiya
P.S. Case No.21/2025, 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
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event if it is found that petitioner has antecedent of more than
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.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.2500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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