Patna High Court
Gautam Kumar Paswan @ Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to a bail bond, sureties, and verification of his antecedent.
Summary
The petitioner, Gautam Kumar Paswan, applied for anticipatory bail after a FIR was lodged under Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly possessing 40 litres of liquor in a house under construction. He argued that he has a clean antecedent, the liquor was not recovered from his possession, and the house was vacant, making the allegation implausible. The State opposed the bail, contending the seriousness of the offences. The High Court, considering the petitioner’s clean record and the circumstances, directed that he be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his antecedent and compliance with Section 482(2) of the CrPC. The order further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the allegations under the Bihar Prohibition and Excise (Amendment) Act, 2018, warrant arrest without further investigation.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 482
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14404 of 2026
Arising Out of PS. Case No.-468 Year-2025 Thana- MADANPUR District- Aurangabad
======================================================
Gautam Kumar Paswan @ Gautam Kumar S/O Ramchandra Paswan Village-
Fulbariya, P.S.- Madanpur, Distt.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 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 30(a), 34 and 36 of
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 40 litres of liquor from under constructed house of
the petitioner. It is next submitted that petitioner was not
arrested from the spot, as such, nothing was recovered from his
conscious possession and the house was under construction, as
such, no one was staying in the house and was accessible to
villagers at large. It is also submitted that no prudent person
would use his own premises for committing an occurrence and
Patna High Court CR. MISC. No.14404 of 2026(2) dt.13-03-2026
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thus, would create evidence against himself and would get
implicated and the petitioner came to be implicated at the
instance of Chowkidar but then it is submitted that if Chowkidar
was aware of 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, when petitioner admittedly 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 District &
Additional Sessions Judge-cum-Exclusive Special Judge,
Excise, Court No.-I, Aurangabad in connection with Madanpur
P.S. Case No.468 of 2025, subject to the conditions laid down
under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
Patna High Court CR. MISC. No.14404 of 2026(2) dt.13-03-2026
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7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner 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 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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