Patna High Court

Babloo PaswanversusThe State of Bihar

Decided: 17 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court ordered provisional anticipatory bail for the petitioner, subject to conditions and verification of his criminal antecedents under Section 482(2) of the CrPC.

Summary

Babloo Paswan sought anticipatory bail fearing arrest in a case under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the liquor seizure was from a premises unrelated to him and that he was implicated on the basis of secret information without proper investigation. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one antecedent is found, the bail will be confirmed. The order is subject to the provisions of Section 482(2) of the Code of Criminal Procedure.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the pending excise case.

Legislation cited

Code of Criminal Procedure — s. 482(2)
Indian Penal Code — s. 272, 273

Subjects

anticipatory bail
excise law
liquor seizure
IPC sections 272 273
Bihar Prohibition and Excise Act
criminal antecedent
Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16531 of 2026
                   Arising Out of PS. Case No.-304 Year-2021 Thana- BOCHAHAN District- Muzaffarpur
                 ======================================================
                 Babloo Paswan Son of Chandeshwar Paswan Resident of Mohalla-
                 Gharbhara, P.S.- Bochahan, District- Muzaffarpur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Alok Kumar Alok
                 For the Opposite Party/s :      Mr. Ram Bilash Roy Raman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  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 offence punishable under Sections 272, 273

                   IPC and Section 30(a) of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 505.440 litres of liquor from husk

                   house of Md. Shoaib. It is next submitted that petitioner was

                   not arrested from the spot as such nothing was recovered from

                   his conscious possession and even alleged recovery is from a

                   place which does not belong to the petitioner and he has no

                   concern or relation with Md. Shoaib and he came to be

                   implicated based on secret information which is the easiest way
Patna High Court CR. MISC. No.16531 of 2026(2) dt.17-03-2026
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          to implicate someone. It is also submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (Rupees five 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 Bochahan P.S. Case No.304/2021, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.16531 of 2026(2) dt.17-03-2026
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                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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