Patna High Court
Amit Paswan @ Amit Kumar Paswan @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to verification of antecedents.
Summary
The petitioner, Amit Paswan, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, alleging that liquor was recovered from a vehicle not owned by him and that he was implicated solely on secret information. He disclosed three prior criminal cases, two of which were under the Excise Act, and argued that no seizure was made from his conscious possession. The State opposed the bail application. The High Court, considering the lack of direct seizure and the petitioner’s claim of being implicated without proper investigation, granted provisional anticipatory bail on a bond of Rs.15,000 with two sureties, subject to Section 482(2) of the Criminal Procedure Code. The court directed the trial court to verify the petitioner’s antecedents and conditionally confirm the bail if he has no more than three prior cases.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act where the accused claims no direct seizure and reliance on secret information.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- section 30
- Bihar Prohibition and Excise Amendment Act
- section 482
- criminal antecedent
- secret information
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12065 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- BHAPTIAHI District- Supaul
======================================================
Amit Paswan @ Amit Kumar Paswan @ Amit Kumar S/o Damodar Paswan
R/o vill- Simri, Ward No 2, Ps- Bhaptiyahi, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Amendment Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of three cases, out of which, two
cases are under the Excise Act and allegation is of recovery of
324 litres of liquor from a car. It is next submitted that petitioner
was not arrested from the spot, as such, nothing was recovered
from his conscious possession and is not the owner of the seized
vehicle and came to be implicated based on secret information,
which is the easiest way to implicate someone. It is also
submitted that once an accused is implicated in a case relating to
Patna High Court CR. MISC. No.12065 of 2026(2) dt.26-02-2026
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excise, the police starts implicating mechanically either at the
instance of Chowkidar, local person, confessional statement or
secret information without holding a proper investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of learned Court of
P.O. Exclusive Special Excise Court-1, Supaul in connection
with Bhaptiyahi P.S. Case No.203 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
Patna High Court CR. MISC. No.12065 of 2026(2) dt.26-02-2026
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this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only three cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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