Patna High Court
Shankar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to bond, sureties and verification of antecedents.
Summary
The petitioner, Shankar Paswan, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 20 litres of liquor were recovered from a motorcycle he owned. He argued that he was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that another individual, Jayanandan, would misuse his vehicle. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.10,000 with two sureties and directing the trial court to verify the petitioner’s criminal antecedents. If more than two prior cases are found, the bail may be revoked; if exactly two, the bail will be confirmed. The order is subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the ownership of the vehicle used in the alleged offence suffices to implicate the petitioner.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- bail bond
- surety
- excise offence
- vehicle ownership
- criminal antecedent
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19664 of 2026
Arising Out of PS. Case No.-2102 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Shankar Paswan Late Fenku Paswan @ Fenku Paswan R/o- Village- Kurji,
Ward No.16, P.S. Phulwari Sarif, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Paswan, Adv.
Mr. Amar Kumar, Adv.
Ms. Deepshika, Adv.
Mr. Suraj Kumar, Adv.
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 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 Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases out of which one is is
under the Excise Act and allegation is of recovery of 20 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
Patna High Court CR. MISC. No.19664 of 2026(2) dt.26-03-2026
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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 implicated. It is also
submitted that the petitioner was completely unaware that
Jayanandan would misuse his vehicle in the manner as alleged
who was also apprehended 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.10,000/- (Rupees ten 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 Phulwarisharif (Janipur) P.S. Case
No.2102/2025, 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
two cases, in that event, it would be presumed that petitioner
Patna High Court CR. MISC. No.19664 of 2026(2) dt.26-03-2026
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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 has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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