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Patna High Court

Shiv Dular PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of antecedents, with confirmation contingent on the number of prior cases.

Summary

Shiv Dular Paswan applied for anticipatory bail after learning that he might be arrested in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging recovery of 10 litres of liquor and 150‑200 litres of semi‑prepared liquor from a hut not owned by him. The petitioner argued that the police had not arrested him on the spot, that the seized liquor was not in his possession, and that the complainant (the chowkidar) had a hostile relationship with him and failed to inform police earlier. The State opposed the bail, contending that the allegations warranted arrest. Justice Satyavrat Verma, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. The order further stipulated that if more than one prior case is found, the bail would not be confirmed, whereas confirmation would follow if only one antecedent is discovered.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether the absence of immediate arrest and lack of possession of the alleged liquor affect the grant of bail.
  • How the petitioner’s prior criminal antecedents should influence the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail bond
  • surety
  • provisional bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • Section 482(2)
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21540 of 2026
                   Arising Out of PS. Case No.-554 Year-2025 Thana- BABUBARHI District- Madhubani
                 ======================================================
                 Shiv Dular Paswan S/O Late Sukdeo Paswan R/O Village-Bardahi, P.S-
                 Babubarhi, District- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bimal Kumar Jha
                 For the Opposite Party/s :      Ms. Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-04-2026                  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 Section 30(a) of

                   Bihar Prohibition and Excise Act, 2018.

                                3. Learned counsel for the petitioner submits that the

                   defects as pointed out by the office stands removed by filing a

                   typed copy. It is next submitted that petitioner has antecedent of

                   one case under the Excise Act and allegation is of recovery of

                   10 litres of liquor along with 150-200 litres of semi prepared

                   from a hut. It is next submitted 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 petitioner and he came to be implicated at
Patna High Court CR. MISC. No.21540 of 2026(2) dt.28-04-2026
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          the instance of chowkidar with whom he is on an inimical term.

          It is also submitted that if chowkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution.

                       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.5000/- (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 Babubarhi P.S. Case No.554/2025, 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

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

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.21540 of 2026(2) dt.28-04-2026
                                                         3/3




                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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