Patna High Court
Dhananjay PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail subject to bail bond, sureties, and verification of the petitioner’s antecedent, with confirmation contingent on the antecedent not exceeding three cases.
Summary
The petitioner, Dhananjay Paswan, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, alleging that the alleged liquor recovery was from a public open field and not from his possession. He highlighted his prior three criminal cases, two of which were also under the Excise Act, and argued that the police had mechanically implicated him without proper investigation, relying on a chowkidar’s statement. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and appear before the trial court within six weeks. The order also stipulated verification of the petitioner’s criminal antecedent, stating that if more than three prior cases are found, the bail would not be confirmed. Upon verification that the antecedent does not exceed three cases, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether the absence of seizure from the accused's possession and alleged lack of proper investigation justify granting anticipatory bail.
- Whether the petitioner’s criminal antecedent of three cases affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Sale and Settlement (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30(a)
- bail conditions
- criminal antecedent
- police investigation
- public place
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14091 of 2026
Arising Out of PS. Case No.-589 Year-2025 Thana- DEEPNAGAR District- Nalanda
======================================================
Dhananjay Paswan Son of Surendra Paswan R/o Village - Oknawa, P.S. -
Deepnagar, Dist. - Nalanda at Biharsharif.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Pandey
For the Opposite Party/s : Mr.Suresh Prasad Singh
======================================================
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 the
petitioner has antecedent of three cases out of which two cases
are under the Excise Act and allegation is of recovery of 15
litres of liquor from an open field and 50 litres of liquor from a
different open field.
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
Patna High Court CR. MISC. No.14091 of 2026(2) dt.12-03-2026
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and is accessible to public at large and he came to be implicated
at the instance of Chowkidar but then it is submitted that if the
Chowkidar was aware about the involvement of the petitioner 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 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 Deepnagar P.S. Case
No. 589 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
Patna High Court CR. MISC. No.14091 of 2026(2) dt.12-03-2026
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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
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/-
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