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Patna High Court

Ranjit PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
             Patna High Court CR. MISC. No.5825 of 2026(2) dt.03-02-2026
                                                         3/3




                       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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