Patna High Court

Bala Lakhindra PaswanversusThe State of Bihar

Decided: 9 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Anticipatory bail may be granted provisionally, subject to verification of the petitioner’s antecedent, under Section 482(2) of the BNSS.

Summary

The petitioner, Bala Lakhindra Paswan, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 40 litres of liquor from a motorcycle he owned. He argued that he was not present at the spot, had no conscious possession of the liquor, and was unaware that his friend misused the vehicle. The State opposed the bail, contending the seriousness of the offence. The High Court granted provisional anticipatory bail, subject to a bail bond of Rs.5,000 with two sureties, and directed the trial court to verify the petitioner’s criminal antecedent. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case, the bail would be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
Whether ownership of the vehicle used in the alleged offence suffices to establish culpability.
Effect of the petitioner’s prior criminal antecedent on the grant of anticipatory bail.

Subjects

anticipatory bail
excise law
vehicle ownership
criminal antecedent
Section 30(a)
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23313 of 2026
                       Arising Out of PS. Case No.-1054 Year-2024 Thana- Excise P.S. District- Jamui
                 ======================================================
                 Bala Lakhindra Paswan S/o Shambhu Paswan R/o Village- Dumar Pokhar,
                 Police Station- Jhajha, District- Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Pankaj Kumar Sinha
                 For the Opposite Party/s :         Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-04-2026               1.     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Rabindra Kumar.

                             2.     The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 40 litres of liquor from a motorcycle.

                             4.     Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.23313 of 2026(2) dt.09-04-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his friend would misuse the vehicle in the manner as

          alleged, who also fled from the spot.

                   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, the petitioner above-named, in the event

          of his arrest or surrender before the learned trial court 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 Excise P.S. Jamui

          (JAM) Case No. 1054 of 2024, subject to the conditions as laid

          down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of more than one

          case then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner has
              Patna High Court CR. MISC. No.23313 of 2026(2) dt.09-04-2026
                                                          3/3




                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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