Patna High Court
Amit Paswan @ Amit Kumar Paswan @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to a bail bond, sureties and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Amit Paswan, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 810 litres of liquor from a boat on the Koshi river. He was not arrested at the scene and no liquor was found in his possession. The petitioner, who has three prior criminal cases (two under the Excise Act), sought anticipatory bail, arguing that the investigation relied on secret information and lacked proper inquiry. The State opposed the bail. The High Court granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed verification of the petitioner’s antecedents, stating that if more than three prior cases are found, the bail would not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case under the Bihar Excise Act
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail
Subjects
- anticipatory bail
- excise offence
- Section 30(a)
- Section 482(2)
- Bihar Excise Act
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12387 of 2026
Arising Out of PS. Case No.-220 Year-2025 Thana- BHAPTIAHI District- Supaul
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Amit Paswan @ Amit Kumar Paswan @ Amit Kumar S/o Damodar Paswan
R/o vill - Simri, Ward N0 2, Ps- Bhaptiyahi, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prasoon Kumar
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Sri Rabindra Kumar.
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 has antecedent of three cases out of which two cases
are under the Excise Act and allegation is of recovery of 810
litres of liquor from a wooden boat near bank of Koshi 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. It is further submitted that he
Patna High Court CR. MISC. No.12387 of 2026(2) dt.09-03-2026
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came to be implicated based on secret information which is the
easiest way to implicate someone. It is further 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. 15,000/- (Rupees
Fifteen 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 Bhaptiyahi @
Bhaptiyahi Sarai P.S. Case No. 220 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
three cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his antecedent
Patna High Court CR. MISC. No.12387 of 2026(2) dt.09-03-2026
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before this Court, as such, the provisional anticipatory bail order
shall not be confirmed, but after verification if it is found that
petitioner has antecedent of three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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