Patna High Court
Laxman PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedent.
Summary
Laxman Paswan, the petitioner, was implicated in a case under Section 30(a) of the Excise Act for allegedly possessing 7 litres of liquor in his shop, though he was not arrested at the scene and claimed a clean criminal record. He applied for anticipatory bail under Section 438 of the Criminal Procedure Code, arguing that he had no conscious possession and that the allegation was motivated by a personal dispute with a watchman. The State opposed the bail, but the court noted the petitioner’s clean antecedent, lack of immediate arrest, and the possibility of false implication. Accordingly, the court directed the petitioner to furnish bail bonds of Rs.500 each with two sureties and to deposit Rs.1,500 with the Lawyers’ Association, pending verification of his antecedent. The provisional anticipatory bail was conditioned on verification; if any prior case is found, the bail would be revoked, otherwise it would be confirmed. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in the case of alleged offence under Section 30(a) of the Excise Act
- Whether the petitioner’s clean antecedent and lack of immediate arrest justify granting bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- bail bond
- criminal antecedent
- preliminary hearing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2304 of 2026
Arising Out of PS. Case No.-160 Year-2025 Thana- BARAUNI District- Begusarai
======================================================
Laxman Paswan Son of Ramvilas Paswan Resident of Village- Tilrath Ward
no. 16, Ps- Barauni, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Gautam
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
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 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 07 litres of liquor from shop 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. It is next submitted that
no prudent person would use his own shop for committing a crime
and thus, would create evidence against himself and hence, would
get implicated. It is also submitted that it appears that some
Patna High Court CR. MISC. No.2304 of 2026(2) dt.27-01-2026
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customer fearing the police left meager amount of liquor in the
shop and he came to be implicated at the instance of Chaukidar
with whom he is on an inimical term.
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 Barauni P. S.
Case No.,160 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
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
Patna High Court CR. MISC. No.2304 of 2026(2) dt.27-01-2026
3/3
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.
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.15,00/- with Lawyers’
Association, Patna High Court, Patna.
(Satyavrat Verma, J)
vikash/-
U T
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