Patna High Court
Prabhu PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Prabhu Paswan, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 12 litres of liquor from a thatched kitchen adjacent to his house. He asserted a clean criminal record and argued that the alleged liquor was not in his conscious possession and that the complaint originated from a hostile chawkidar. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and subject to verification of the petitioner’s antecedent by the trial court. If any prior case is discovered, the bail will not be confirmed; if the petitioner remains clean, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the facts and his clean antecedent.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- Criminal Procedure Code
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1441 of 2026
Arising Out of PS. Case No.-82 Year-2025 Thana- Bhalpatti District- Darbhanga
======================================================
Prabhu Paswan S/o Late Dukhakhan Paswan Resident of Village- Dularpur
Majharahiya Tole, P.S.- Bhalpatti, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 12 litres of liquor from a thatched kitchen
constructed in front of the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a thatched kitchen which does not belong to
the petitioner but then is adjacent to his house. It is further
submitted that petitioner came to be implicated at the instance of
Patna High Court CR. MISC. No.1441 of 2026(2) dt.21-01-2026
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the Chawkidar with whom he is on an inimical term. It is next
submitted that if the Chawkidar was aware of the involvement
of the petitioner in the occurrence then why he did not inform
the police prior to the institution of the instant FIR which casts
an aspersion on the case of the prosecution, when petitioner
admittedly is a person with clean antecedent.
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, let 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.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 Bhalpatti
P.S. Case No. 82 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
Patna High Court CR. MISC. No.1441 of 2026(2) dt.21-01-2026
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before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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