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Patna High Court

Sunita deviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed anticipatory bail subject to conditions under Section 438(2) of the CrPC.

Summary

The petitioners, four members of the Paswan family, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Sections 30(a) and 45 of the Excise Act for alleged recovery of 30 litres of liquor from a shop owned by a relative. They argued that they were not arrested at the scene, that the liquor was not in their conscious possession, and that the complaint was motivated by a personal dispute between the shop owner and a watchman. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs 5,000 each with two sureties, subject to verification of their criminal antecedents and compliance with the conditions of Section 438(2) CrPC. The court clarified that if more than one prior case is found, the bail may be withdrawn, but if only one antecedent case is confirmed, the provisional bail will be confirmed. The application was therefore allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case involving offences under Sections 30(a) and 45 of the Excise Act.
  • Whether the petitioners' lack of arrest and alleged non‑possession of the liquor justify anticipatory bail.
  • Whether the existence of prior criminal antecedents affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438 CrPC
  • bail bond
  • criminal antecedent
  • coercion
  • liquor recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10074 of 2026
                   Arising Out of PS. Case No.-62 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
           1.     Sunita devi W/o Sanjay Paswan R/o Village - Pajiyarwa, P.S - Sugauli,
                  District - East Champaran
           2.    Sanoj Paswan S/o Lalbabu Paswan @ Lalbun Paswan R/o Village -
                 Pajiyarwa, P.S - Sugauli, District - East Champaran
           3.    Gunjan Paswan S/o Nandlal Paswan R/o Village - Pajiyarwa, P.S - Sugauli,
                 District - East Champaran
           4.    Mohit Paswan S/o Sanjay Paswan R/o Village - Pajiyarwa, P.S - Sugauli,
                 District - East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar
                                                  Miss Harsha Shashwat
                 For the Opposite Party/s :       Mr.Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026                   1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                 2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 30(a) and 45 of the Excise Act.

                                 3. The learned counsel for the petitioners submits that

                   the petitioners have antecedent of one case under the Excise Act

                   and petitioner no.1 is a woman and the allegation is of recovery

                   of 30 litres of liquor from a meat and snack shop of Sanjay

                   Paswan.
Patna High Court CR. MISC. No.10074 of 2026(2) dt.15-04-2026
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                       4. The learned counsel for the petitioners submits that

          petitioners were not arrested from the spot, as such, nothing was

          recovered from their conscious possession and even alleged

          recovery is from a shop, which is of the relative of the

          petitioners, as such, they came to be implicated at the instance

          of Chaukidar with whom Sanjay on an inimical term. It is

          further submitted that the petitioners have been implicated only

          with a view to coerce Sanjay into submission.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs. 5,000/- (Rupees Five Thousand) each 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 Sugauli P. S. Case No.62 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.10074 of 2026(2) dt.15-04-2026
                                                           3/3




                         accepting the provisional bail bonds of the petitioners shall

                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioners have antecedent of more than one

                         case, then it would be presumed that petitioners for the purposes

                         of obtaining anticipatory bail had concealed their antecedent

                         before this Court, in that event, the present provisional

                         anticipatory bail order shall not be confirmed, but if on

                         verification, it is found that petitioners have antecedent of one

                         case only, in that event, the provisional anticipatory bail order

                         shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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