Patna High Court
Pramod PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court held that anticipatory bail may be granted provisionally under Section 482(2) of the B.N.S.S., subject to verification of the petitioner’s antecedents, and will be confirmed only if the antecedents do not exceed five cases.
Summary
Petitioner Pramod Paswan feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 144 litres of liquor were allegedly recovered from a boat. He has five prior criminal cases, four of which relate to the Excise Act, and claims he was not caught in possession and was implicated solely on secret information. The petitioner sought anticipatory bail, arguing lack of direct involvement and improper investigation. The State opposed the bail. The High Court, invoking its inherent powers under Section 482(2) of the B.N.S.S., granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties, and directed verification of his antecedents. The bail will be confirmed only if the petitioner’s prior cases do not exceed five; otherwise, the order will lapse.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the petitioner’s criminal antecedents.
- Whether the petitioner’s alleged involvement based solely on secret information without possession justifies denial of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- section 30
- section 482
- Bihar Prohibition and Excise Act
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22049 of 2026
Arising Out of PS. Case No.-76 Year-2025 Thana- RATANPUR District- Supaul
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Pramod Paswan S/o Ramdev Paswan Resident of village - Narpat Patti, Ward
No. 06, Police Station - Ratanpura, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun
For the Opposite Party/s : Ms. Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-04-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases, out of which, four cases
are under the Excise Act and allegation is of recovery of 144
litres of liquor from a boat. It is next submitted that petitioner
was not arrested from the spot as such nothing was recovered
from his conscious possession and is not the owner of the seized
boat and he came to be implicated based on secret information,
which is the easiest way to implicate someone without holding a
proper investigation. It is also submitted that once an accused is
Patna High Court CR. MISC. No.22049 of 2026(2) dt.07-04-2026
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implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
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.25,000/- (Rupees twenty 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 Ratanpura P.S. Case
No.76/2025, 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
five cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.22049 of 2026(2) dt.07-04-2026
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on verification it is found that petitioner has antecedent of five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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