Patna High Court
Ramakant PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted conditionally, subject to verification of the petitioner’s antecedent and compliance with Section 482(2) of the BNSS.
Summary
The petitioner, Ramakant Paswan, applied for anticipatory bail in a case registered under Section 30(a) of the Excise Act for alleged possession of 15 litres of liquor. The petitioner argued he had a clean antecedent and that the alleged recovery was made from persons apprehended by police, not from his conscious possession, relying solely on a confessional statement of the apprehended accused, which he claimed lacks evidentiary value. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent and compliance with Section 482(2) of the BNSS. The court clarified that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act where the allegation is based solely on a confessional statement of another accused.
- Whether the petitioner’s clean antecedent is a condition for confirming the provisional anticipatory bail.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- confessional statement
- clean antecedent
- provisional bail
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65238 of 2025
Arising Out of PS. Case No.-342 Year-2025 Thana- CHHATAUNI District- East Champaran
======================================================
Ramakant Paswan S/o Late Lakhendra Paswan R/o Village - Bada Bariyarpur,
Ward no.- 44, P.S - Chhataunit, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhannjay Kumar II
For the Opposite Party/s : Mr.Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 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) 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 15 litres of liquor from possession of
apprehended accused persons.
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 even alleged
recovery is from the persons who were apprehended by the
police and he came to be implicated based on confessional
Patna High Court CR. MISC. No.65238 of 2025(3) dt.07-01-2026
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statement of apprehended accused in police custody, which does
not have any evidentiary value.
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
Chhatauni P. S. Case No.342 of 2025, subject to the conditions
laid down under Section 482(2) of the BNSS.
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
Patna High Court CR. MISC. No.65238 of 2025(3) dt.07-01-2026
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not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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