Patna High Court
Ratan PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent, with confirmation contingent on the outcome of that verification.
Summary
The petitioner, Ratan Paswan, sought anticipatory bail fearing arrest in a case registered under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Excise Act. He alleged that the alleged seizure of 80 litres of liquor and 2,500 litres of jaggery solution was made from locations not belonging to him and that he was not caught in possession. The petitioner also disclosed three prior excise cases and argued that the investigation was based on secret information without proper inquiry. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.15,000 with two sureties and directed verification of his criminal antecedent; if more than three prior cases are found, the bail will not be confirmed, otherwise it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending excise case.
- Whether the petitioner’s prior criminal antecedent disqualifies him from obtaining anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- criminal antecedent
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1677 of 2026
Arising Out of PS. Case No.-146 Year-2025 Thana- BHAIRAVSHTHAN District-
Madhubani
======================================================
Ratan Paswan S/O Late Rambilash Paswan @ Pachu Paswan R/O Village-
Raiyam, PS- Bhairavsthan, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nitu Kumari, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 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 offences punishable under Sections 274, 275
and 3(5) of the BNS, 2023 read with Section 30(a) of the Bihar
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the excise act and
allegation is of recovery of 80 liters of liquor along with 2500
liters of jaggery solution from six different places and the
jaggery solution was destroyed.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.1677 of 2026(2) dt.22-01-2026
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was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large and he came to be
implicated based on secret information which is the easiest way
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 at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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, 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.
15,000/- (Rupees Fifteen 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
Bhairavsthan P.S. Case No. 146 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.1677 of 2026(2) dt.22-01-2026
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than three cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of three
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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