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Patna High Court

Suraj Paswan @ Suraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                            2/3




                       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
                                                           3/3




                         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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