Patna High Court
Momindra Paswan @ Momindrar Paswan @ Momindra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Momindra Paswan, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where 50 litres of liquor were allegedly recovered from a garden behind a primary school, a location he did not control and from which nothing was seized from his possession. He has two prior cases under the Excise Act and argued that the investigation was mechanically initiated without proper inquiry. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedent. If more than two prior cases are found, the bail will not be confirmed; if exactly two, the bail will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in an excise case where he was not caught in possession of the contraband.
- Whether the petitioner’s prior criminal antecedent of two cases affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30(a)
- criminal antecedent
- high court
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12137 of 2026
Arising Out of PS. Case No.-812 Year-2025 Thana- GAURICHAK District- Patna
======================================================
Momindra Paswan @ Momindrar Paswan @ Momindra Kumar Son of Jitlal
Paswan Resident of Village- Dalanpur, P.S.- Fatuha, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-02-2026 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 has antecedent of two cases under the Excise Act and
allegation is of recovery of 50 liters of liquor from a garden
behind a primary school.
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
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.12137 of 2026(2) dt.26-02-2026
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at the instance of local person, but then it is submitted that once
an accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information 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.
10,000/- (Rupees Ten 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
Gaurichak P.S. Case No. 812 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 two
cases 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
Patna High Court CR. MISC. No.12137 of 2026(2) dt.26-02-2026
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confirmed, but after verification if it is found that petitioner has
antecedent of two cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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