Patna High Court
Nandu PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Nandu Paswan, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 20 litres of liquor recovered from a house that is part of a joint family property. The prosecution’s case relied mainly on a confessional statement made by the petitioner’s son while in police custody, which the petitioner’s counsel argued lacked evidentiary value. The petitioner asserted that he has a clean criminal record and that the liquor was not found in his conscious possession. The State opposed the grant of anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditioned the order on verification of the petitioner’s antecedent by the trial court. If any prior case is discovered, the bail will not be confirmed; otherwise, the provisional bail will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Excise Act where the primary evidence is a confessional statement of his son.
- Whether the fact that the alleged liquor was recovered from a joint family property affects the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- confessional statement
- joint family property
- clean antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11818 of 2026
Arising Out of PS. Case No.-844 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Nandu Paswan Son of Late Dukhan Paswan Resident of Village-Husainpur,
Jaharnathpur Bhela, Police Station-Vaishali, District-Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 20 liters of liquor from house of Sunil.
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 the house in
question is a joint family property, as such, it cannot be alleged
with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within his
Patna High Court CR. MISC. No.11818 of 2026(2) dt.24-02-2026
2/3
knowledge and the petitioner came to be implicated based on
confessional statement of his son in police custody which does
not have any evidentiary value. It is also submitted that his son
was made to confess the name of the petitioner, when petitioner
admittedly is a person with clean antecedent.
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.
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 Vaishali
P.S. Case No. 844 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 even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.11818 of 2026(2) dt.24-02-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if 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)
Rishabh/-
U T
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