Patna High Court
Suraj Paswan @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of antecedent and compliance with Section 438(2) Cr.P.C. conditions.
Summary
Suraj Paswan applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for allegedly recovering 5.4 litres of liquor from a motorcycle. He asserted that he has a clean antecedent, that the liquor was not in his conscious possession, and that he is not the owner of the seized vehicle, claiming he was implicated by a watchman with whom his father has a dispute. The State opposed the bail. The Patna High Court, after hearing both sides, granted provisional anticipatory bail on condition that the petitioner furnishes bail bonds of Rs.500 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. The court ordered verification of the petitioner’s criminal antecedent and stipulated that the bail would be confirmed only if no antecedent is found. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 438(2) Cr.P.C. for an offence punishable under Section 30(a) of the Excise Act
- Whether the petitioner’s lack of conscious possession and non‑ownership of the vehicle justify anticipatory bail
- What conditions should be imposed on the grant of provisional anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- Criminal Procedure Code
- Section 438
- bail bond
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2336 of 2026
Arising Out of PS. Case No.-542 Year-2025 Thana- BAIRIYA District- West Champaran
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Suraj Paswan @ Suraj Kumar Son of Jata Paswan @ Asesar Paswan @
Asesar Hajara Resident of Village- Laukariya Pokhara Tola ward no., 8, P.S.-
Bairiya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhirup
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 5.4 litres of liquor from a motorcycle.
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 is not the owner of
the seized vehicle and he came to be implicated at the instance
of Chaukidar with whom his father is on an inimical term.
Patna High Court CR. MISC. No.2336 of 2026(2) dt.27-01-2026
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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
Bairiya P. S. Case No.542 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 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
Patna High Court CR. MISC. No.2336 of 2026(2) dt.27-01-2026
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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
Advocates’ Association, Patna High Court, Patna.
(Satyavrat Verma, J)
vikash/-
U T
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