Patna High Court
Subhash Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to a bail bond, sureties and verification of the petitioner’s antecedent, and that the bail will be confirmed only if the petitioner is found to have a clean criminal record.
Summary
The petitioner, Subhash Kumar Paswan, sought anticipatory bail after a case was registered under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering six litres of liquor from a motorcycle registered in his wife's name. He argued that he had a clean antecedent, was not in actual possession of the liquor, and was unaware that his friend used the vehicle for the alleged offence. 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 verification of the petitioner’s criminal antecedent, invoking Section 482(2) of the Criminal Procedure Code. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted in a case under Sections 274, 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s lack of possession of the liquor and his claim of a clean antecedent justify the grant of anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the Criminal Procedure Code are appropriate for confirming or cancelling the provisional bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- provisional bail
- clean antecedent
- liquor possession
- Section 274
- Section 275
- Section 30(a)
- Section 482(2)
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12886 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- RUDRAPUR District- Madhubani
======================================================
Subhash Kumar Paswan S/o Molhu Paswan R/o Village - Karnpur, P.S -
Rudrapur, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 274 and 275 of
B.N.S., 2023 as well as Section 30(a) of Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 6 litres of liquor from a motorcycle. It is next
submitted that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and he
came to be implicated based on the fact that the motorcycle is
registered in the name of his wife, Sangeeta Kumari, as would
manifest from the order impugned. It is next submitted that no
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prudent person would use his own vehicle for committing an
occurrence and thus, would create evidence against himself and
hence, would get implicated. It is also submitted that petitioner
was completely unaware that his friend would misuse the
vehicle in the manner as alleged, who also fled from the spot. It
is reiterated and submitted that petitioner is a person with clean
antecedent.
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.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Special Judge,
Excise Act, Jhanjharpur, District-Madhubani in connection with
Rudrapur P.S. Case No.131 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
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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 obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, 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)
Sanjay/-
U T
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