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Patna High Court

Gautam Kumar Paswan @ Gautam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                                      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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