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Patna High Court

Ramnigah Paswan @ Kurtai @ KurtaliversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedents.

Summary

The petitioner, Ramnigah Paswan, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 198 litres of liquor from a public area near the Bagmati river. He argued that he had no prior criminal record, the liquor was not in his conscious possession, and the location did not belong to him, questioning why the chowkidar did not inform police earlier. The State opposed the bail, contending the seriousness of the offence. The Court, considering the petitioner's clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a Rs. 500 bond, two sureties, and verification of his criminal record within six weeks. It directed that if any antecedent is discovered, the bail would be revoked; otherwise, the provisional order would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the absence of possession and the public nature of the alleged liquor recovery negate the grounds for arrest.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • clean antecedent
  • public place
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11877 of 2026
                        Arising Out of PS. Case No.-357 Year-2025 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Ramnigah Paswan @ Kurtai @ Kurtali S/o Jagdev Paswan Resident of
                 village- Vishanpur Kamdev, PS- Suppi, Distt- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dwij Raj
                 For the Opposite Party/s :        Mr.Shyam Bihari Singh
                 ======================================================
                 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 the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 198 litres of liquor from a place near bank of

                   Bagmati river.

                             4.     Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   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
Patna High Court CR. MISC. No.11877 of 2026(2) dt.24-02-2026
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          at the instance of Chowkidar but then it is submitted that if the

          Chowkidar was aware about the involvement of the petitioner in

          the occurrence, then why he did not inform the police prior to

          institution of the instant FIR, which casts an aspersion on the

          case of the prosecution.

                   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 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 Suppi P.S. Case No. 357 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 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
              Patna High Court CR. MISC. No.11877 of 2026(2) dt.24-02-2026
                                                          3/3




                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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