Patna High Court
Chhotelal PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail is to be granted subject to conditions and verification of the petitioner’s antecedent, and may be revoked if more than two prior cases are discovered.
Summary
Chhotelal Paswan applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case alleging offences under Sections 30(a), 32 and 41(1) of the Excise Act, where 40 litres of liquor were recovered from his joint‑family house. The petitioner argued that the liquor was not in his conscious possession, that the house is jointly owned, and that the watchman who implicated him was an adversary. The State opposed the bail. The High Court directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedent; if more than two prior cases are found, the bail may be withdrawn. The court also required a deposit of Rs.5,000 with the Lawyers’ Association. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for offences under the Excise Act.
- Whether the petitioner’s prior criminal antecedent (two cases) precludes grant of anticipatory bail.
- Whether the fact that the alleged liquor was recovered from a joint‑family house and not from the petitioner’s personal possession affects the bail decision.
- Whether the testimony of the watchman (chaukidar) can be disregarded in granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32, 41(1)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- criminal antecedent
- joint family property
- bail conditions
- India
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2151 of 2026
Arising Out of PS. Case No.-350 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Chhotelal Paswan Son of Late Ram Haran Paswan @ Ramrahan Paswan
Resident of Village- Kotwa, P.S.- Kotwa, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shanti Bhushan Singh
For the Opposite Party/s : Mr.Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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
Sections 30(a), 32 and 41(1) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise Act
as would manifest from the supplementary affidavit and
allegation is of recovery of 40 litres of liquor from 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 the house in
question is a joint family property and thus, it cannot be alleged
Patna High Court CR. MISC. No.2151 of 2026(2) dt.27-01-2026
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with certainty that it was the petitioner, who had kept the liquor
in the house or the liquor kept in the house was within his
knowledge and 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.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 Kotwa P. S. Case No.350 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
Patna High Court CR. MISC. No.2151 of 2026(2) dt.27-01-2026
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accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than two cases,
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 has antecedent of two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.5,000/- with
Lawyers’ Association, Patna High Court, Patna.
(Satyavrat Verma, J)
vikash/-
U T
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