Patna High Court
Devendra PaswanversusThe state of bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bail bonds, sureties and verification of his antecedent.
Summary
The petitioner, Devendra Paswan, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 36 litres of liquor. He argued that he has a clean antecedent, that the liquor was found behind his house and not in his conscious possession, and that the complaint was filed by a hostile watchman. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent by the trial court. The order further stipulated that if any prior case is discovered, the bail would be cancelled, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in a case under Section 30(a) Excise Act.
- Whether the petitioner’s lack of conscious possession and clean antecedent justify granting bail.
- What conditions should be imposed on the provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 30 Excise Act
- Section 438 CrPC
- bail bonds
- clean antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21010 of 2026
Arising Out of PS. Case No.-299 Year-2025 Thana- GOVINDGANJ District- East
Champaran
======================================================
Devendra Paswan S/O Kishori Paswan Resident of village- Jhhakhra,P.S-
Govindganj, Dist- East Champaran
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 36 litres of liquor from a bag behind the house of
the petitioner.
4. The 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 alleged
recovery is from a place, which does not belong to the
Patna High Court CR. MISC. No.21010 of 2026(2) dt.01-04-2026
2/3
petitioner, but then, is adjacent to his house, as such, he came to
be implicated at the instance of Chaukidar with whom he is on
an inimical term. It is further submitted that if Chaukidar was
aware of the involvement of the petitioners in the occurrence,
then why he did not inform the police prior to institution of the
present F.I.R., which casts an aspersion on the case of the
prosecution.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Govindganj P. S. Case No.299 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.21010 of 2026(2) dt.01-04-2026
3/3
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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