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Patna High Court

Bechan Paswan @ Bechn PasavanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to provisional anticipatory bail, subject to verification of his antecedents and compliance with the stipulated bail conditions.

Summary

Bechan Paswan, the owner of a motorcycle from which 41.4 litres of liquor were seized, was implicated under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He contended that he had a clean antecedent, was not in possession of the liquor, and that his son‑in‑law had misused the vehicle without his knowledge. The State opposed his request for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his criminal antecedents. If any antecedent is discovered, the bail will not be confirmed; if none is found, the bail will be confirmed forthwith. The order is subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018
  • Whether ownership of the vehicle used for the alleged offence implicates the petitioner
  • What conditions may be imposed under Section 482(2) of the B.N.S.S. for provisional anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • vehicle ownership
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • provisional bail
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18380 of 2026
                        Arising Out of PS. Case No.-18 Year-2026 Thana- Excise P.S. District- Araria
                 ======================================================
                 Bechan Paswan @ Bechn Pasavan S/o Shivan Paswan R/o Village - Andauli,
                 Ward No.9, P.S - Supaul, District - Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Mukesh Kumar Rana
                 For the Opposite Party/s :         Mr. Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-03-2026                  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 Section 30(a) 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 41.400 litres of liquor from a motorcycle. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and he

                   came to be implicated based on the fact that he is owner of the

                   seized vehicle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus

                   would create evidence against himself and hence would get
Patna High Court CR. MISC. No.18380 of 2026(2) dt.25-03-2026
                                            2/3




          implicated. It is also submitted that the petitioner was

          completely unaware that his son-in-law would misuse his

          vehicle in the manner as alleged who also fled from the spot.

                       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.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 Araria Excise P.S. Case No.18/2026, 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 even one

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

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.18380 of 2026(2) dt.25-03-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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