Patna High Court
Ashish Raj @ Raju PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to bond, sureties, and verification of antecedents.
Summary
The petitioners, Ashish Raj and Arvind Chaudhari, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 150 litres of liquor and a motorcycle. They asserted that they have clean antecedents, were not in possession of the seized items, and were implicated solely based on the testimony of a chowkidar who failed to inform police earlier. The State opposed their request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties each, subject to verification of their criminal antecedents under Section 482(2) of the Bihar Negotiable/Statutory System (B.N.S.S.). The order directs the trial court to confirm the bail if the petitioners are found to have no prior convictions, otherwise the bail may be revoked.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of the seizure and the role of the chowkidar justify granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- seizure of liquor
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12592 of 2026
Arising Out of PS. Case No.-457 Year-2025 Thana- NASRIGANJ District- Rohtas
======================================================
1. Ashish Raj @ Raju Paswan S/O Sudarshan Ram @ Sudarshan Paswan R/O
Village- Panduri, P.S- Nasriganj, Dist.- Rohtas.
2. Arvind Chaudhari S/O Guru Chaudhary R/O Village- Panduri, P.S-
Nasriganj, Distt.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddharth Harsh
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 150 litres of liquor from a sack along with a
motorcycle. It is next submitted that petitioners were not
arrested from the spot as such nothing was recovered from their
conscious possession and are not the owner of the seized vehicle
and they came to be implicated at the instance of chowkidar but
Patna High Court CR. MISC. No.12592 of 2026(2) dt.10-03-2026
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then it is submitted that if chowkidar was aware of the
involvement of the petitioners 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. It is
also submitted that it appears that chowkidar in order to save the
real culprit falsely implicated the petitioners when petitioners
admittedly are persons with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each
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 Nasriganj P.S. Case No.457/2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
Patna High Court CR. MISC. No.12592 of 2026(2) dt.10-03-2026
3/3
even one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification it is found that
petitioners are persons with clean antecedent, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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