Patna High Court
Lakshman Paswan @ Laxuman PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and pending verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Lakshman Paswan, sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging he concealed 5 litres of liquor in an orchard. He argued that the alleged contraband was not in his possession, the orchard did not belong to him, and the complaint originated from a hostile chawkidar, raising doubts about the prosecution's case. The State opposed the bail, contending the seriousness of the offence. The Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish a bail bond of Rs.5,000 with two sureties, and comply with Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order further stipulated that the trial court verify the petitioner’s criminal antecedent; if more than one case is found, the bail would not be confirmed, otherwise it would be confirmed immediately.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the allegations under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s criminal antecedent affects the confirmation of the anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- criminal antecedent
- Bihar Prohibition and Excise Act
- liquor seizure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21212 of 2026
Arising Out of PS. Case No.-298 Year-2025 Thana- NOKHA District- Rohtas
======================================================
Lakshman Paswan @ Laxuman Paswan S/o Indradev Paswan R/o Village-
Jabra, PS- Nokha, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 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 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 5 litres of liquor concealed under the straw in an
orchard near bank of the bond.
4. 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 the alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated at the instance of the Chawkidar
with whom he is on an inimical term. It is further submitted that
Patna High Court CR. MISC. No.21212 of 2026(2) dt.01-04-2026
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if the Chawkidar was aware of the involvement of the petitioner
in the occurrence then why he did not inform the police prior to
the institution of the instant FIR which casts an aspersion on the
case of the prosecution.
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, let 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.5,000/- (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 Nokha P.S. Case No. 298 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than one
case, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.21212 of 2026(2) dt.01-04-2026
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shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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