Patna High Court
Sunita deviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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 The court clarified that if more than one prior case is found, the bail may be withdrawn, but if only one antecedent case is confirmed, the provisional bail will be confirmed.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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 45
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
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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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