Patna High Court
Bechan PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.
Summary
The petitioner, Bechan Paswan, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 90 litres of liquor from an e‑rickshaw he owned. He argued that he had no prior criminal record, was not in possession of the liquor at the time of arrest, and was unaware that the driver, Ramanji, misused his vehicle. The State opposed the bail. The court, considering the petitioner's clean antecedent and lack of direct involvement, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and ordered verification of his criminal record. If any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed upon verification. The order was made under Section 482(2) of the Bihar Negotiable Securities Act.
Issues considered
- Whether anticipatory bail can be granted to a vehicle owner not directly in possession of contraband under Section 30(a) of the Bihar Excise Act
- Whether ownership of the vehicle implicates the petitioner in the alleged offence
- Whether the petitioner’s clean antecedent warrants provisional anticipatory bail
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- vehicle ownership
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14026 of 2026
Arising Out of PS. Case No.-235 Year-2025 Thana- RAHIKA District- Madhubani
======================================================
Bechan Paswan S/o Raj Kumar Paswan R/o Village - Kunwar, P.S - Rajnagar,
District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Soban Asghar, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 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 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 90 liters of liquor from an E-rickshaw.
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.14026 of 2026(2) dt.12-03-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Ramanji would misuse the vehicle in the manner as alleged who
was 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 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 Rahika P.S. Case No. 235 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
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
Patna High Court CR. MISC. No.14026 of 2026(2) dt.12-03-2026
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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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