Patna High Court

Vijay PaswanversusThe State of Bihar

Decided: 24 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Vijay Paswan, feared arrest in a case under Sections 30(a) and 30(c) of the Bihar Excise Act relating to the alleged recovery of 10 litres of liquor and 1,200 litres of fermented Jawa Mahua from a public canal area. He argued that nothing was seized from his conscious possession, the site was publicly accessible, and the investigation relied on secret information. The State opposed his request for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The order is subject to verification of the petitioner’s criminal antecedent; if more than one prior case is found, the bail will not be confirmed, otherwise it will be confirmed immediately.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the excise case under Sections 30(a) and 30(c) of the Bihar Excise Act.
Whether the absence of seized material in the petitioner’s possession and the public nature of the location justify granting anticipatory bail.
Whether the petitioner’s prior criminal antecedents affect the confirmation of the anticipatory bail order.

Subjects

anticipatory bail
excise law
possession
public place
criminal antecedent
Section 30
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11758 of 2026
                   Arising Out of PS. Case No.-79 Year-2025 Thana- EXCISE PAKRIBARAWAN District-
                                                         Nawada
                 ======================================================
                 Vijay Paswan S/o- Late Bhagwat Paswan Village- Rashanpur Ward No 11 PS-
                 Warisaliganj Distt- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vibhuti Ranjan Sonvadra, Advocate
                 For the Opposite Party/s :      Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-02-2026                  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 offences punishable under Sections 30(a) and

                   30(c) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the excise act and

                   allegation is of recovery of 10 liters of liquor from a place near

                   bank of a canal and 1200 liters of fermented Jawa Mahua which

                   was destroyed.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.11758 of 2026(2) dt.24-02-2026
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          recovery is from a place which does not belong to the petitioner

          and is accessible to public at large and he came to be implicated

          based on secret information which is the easiest way to

          implicate someone without holding a proper investigation.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          5,000/- (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 Excise

          Pakaribarawan P.S. Case No. 79 of 2025 subject to the

          conditions as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional
            Patna High Court CR. MISC. No.11758 of 2026(2) dt.24-02-2026
                                                        3/3




                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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