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Patna High Court

Ganga Paswan @ GangaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent.

Summary

The petitioner, Ganga Paswan, owner of a vehicle, was implicated in a case (PS Case No. 167 of 2025) for the alleged recovery of 2,531.52 liters of liquor from a truck, alleged offences under Section 111 of the BNS read with Section 30(a) of the Bihar Excise Act. He claimed he had no knowledge of the liquor being transported in his vehicle and that the actual perpetrators, Sanjit and Vikash, were apprehended at the spot. The petitioner, a person with a clean antecedent, applied for anticipatory bail. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s criminal antecedent. If any antecedent is found, the bail will not be confirmed; otherwise, the provisional bail will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged offences under Section 111 BNS and Section 30(a) Bihar Excise Act.
  • Whether ownership of the vehicle used for the alleged liquor seizure makes the petitioner liable.
  • Whether the petitioner’s clean antecedent warrants grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 111
  • Bihar Excise Act
  • vehicle ownership
  • liquor seizure
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12771 of 2026
                        Arising Out of PS. Case No.-167 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
                 Ganga Paswan @ Ganga S/o Shivlagan Paswan R/o vill - Rasalpur Jaitpur,
                 P.S.- Lalganj, Distt.- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :        Mr. Khurshid Anwar, 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.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 111 of the

                   BNS read with Section 30(a) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 2531.52 liters of liquor from a truck.

                                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 he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.12771 of 2026(2) dt.09-03-2026
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          create evidence against himself and hence would get implicated

          and at the same time shall bring disrepute to his business, it is

          further submitted that petitioner was completely unaware that

          Sanjit along with Vikash would misuse the vehicle in the

          manner as alleged who were also apprehended from the spot.

                       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.

          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 Jokihat

          P.S. Case No. 167 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
            Patna High Court CR. MISC. No.12771 of 2026(2) dt.09-03-2026
                                                        3/3




                      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 person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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