Patna High Court
Shiv Kumar Paswan @ Shiv KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of the petitioners' criminal antecedents.
Summary
Shiv Kumar Paswan and Raja Paswan were implicated in a case under Section 30(a) of the Bihar Excise Act for alleged possession of liquor in their joint family house. They applied for anticipatory bail, arguing that the liquor was not in their conscious possession, the house is joint family property, and the FIR does not name the informant, casting doubt on the prosecution's case. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail subject to a bond of Rs.20,000 with two sureties each, and directed verification of the petitioners' criminal antecedents. The order stipulated that if either petitioner is found to have more prior cases than disclosed, the bail would not be confirmed for that individual. The trial court is to confirm the bail after the antecedent check.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the lack of an informant’s name in the FIR and the joint family nature of the property affect the bail decision.
- Whether the petitioners’ disclosed criminal antecedents are sufficient for granting anticipatory bail.
Subjects
- anticipatory bail
- excise law
- possession of liquor
- criminal antecedent
- joint family property
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14096 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- KALYANPUR District- Samastipur
======================================================
1. Shiv Kumar Paswan @ Shiv Kumar Son of Biro Paswan Resident of Vill. -
Kolhura., P.S. - Kalyanpur, Dist. - Samastipur.
2. Raja Paswan @ Raja Kumar Son of Dharmendra Paswan Resident of Vill. -
Kolhura., P.S. - Kalyanpur, Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Bhushan Prasad
For the Opposite Party/s : Mr.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of four cases and petitioner no. 2
has antecedent of three cases and allegation is of recovery of 2
litres of liquor from the house of petitioner no. 1 and 4 litres of
liquor from the house of petitioner no. 2.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.14096 of 2026(2) dt.12-03-2026
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recovered from their conscious possession and the house in
question is a joint family property as such it cannot be alleged
with certainty that it were petitioners who had kept the liquor in
the house or the liquor kept in the house was within knowledge
of the petitioners. It is further submitted that they came to be
implicated at the instance of local people, but then the name of
the person, who disclosed the name of the petitioners is not
disclosed in the FIR, which casts an aspersion on the case of the
prosecution, when their implication is not based on secret
information.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. 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. 20,000/- (Rupees Twenty
Thousand) 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 Kalyanpur P.S. Case
No. 1 of 2026 subject to the conditions as laid down under
Section Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.14096 of 2026(2) dt.12-03-2026
3/3
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioner no. 1 has antecedent of more
than four cases and petitioner no. 2 has antecedent of more than
three cases then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioner no. 1 has antecedent
of four cases and petitioner no. 2 has antecedent of three cases
in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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