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Patna High Court

Banty Kumar @ Banty PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that, given the petitioner’s clean antecedent and lack of possession, anticipatory bail under Section 438(2) Cr.P.C. may be granted subject to conditions.

Summary

Banty Kumar applied for anticipatory bail under Section 438(2) of the Cr.P.C. in a case alleging violation of Section 30(a) of the Excise Act for the alleged recovery of 50 litres of liquor. The petitioner asserted a clean criminal record, no possession of the liquor, and that the FIR was based on an unnamed informant and a hostile watchman, casting doubt on the prosecution’s case. The State opposed the bail. The court considered the petitioner’s lack of antecedents, the absence of recovered contraband, and the questionable basis of the FIR, and directed that provisional anticipatory bail be granted upon furnishing bail bonds and sureties, subject to verification of antecedents. The order stipulated that if any prior case is discovered, the bail would be revoked; otherwise, it would be confirmed. The application was allowed, granting anticipatory bail with conditions.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 Cr.P.C. for the alleged offence under Section 30(a) of the Excise Act
  • Whether the petitioner’s clean antecedent and lack of possession justify the grant of anticipatory bail
  • Whether the FIR, lacking the informant’s name and based on a hostile watchman, is sufficient to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Excise Act
  • clean antecedent
  • FIR validity
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23539 of 2026
                       Arising Out of PS. Case No.-52 Year-2026 Thana- DIGHWARA District- Saran
                 ======================================================
                 Banty Kumar @ Banty Paswan Son of Late Nagina Paswan Resident of
                 Village- Basatpur, P.S.- Dighwara in the District of Saran, Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Braj Nandan Kumar Tiwary
                 For the Opposite Party/s :       Mr.Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-04-2026                  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 50 litres of liquor from a field situated near the

                   house of Abhibal Paswan

                                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 even alleged

                   recovery is from a place, which does not belong to the petitioner

                   and petitioner has no concern or relation with Abhibal and he
Patna High Court CR. MISC. No.23539 of 2026(2) dt.09-04-2026
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          came to be implicated at the instance of Chaukidar/ local

          person, but the name of the person, who disclosed the name of

          the petitioner is not disclosed in the F.I.R., which casts an

          aspersion on the case of the prosecution, when admittedly

          petitioner is a person with clean antecedent and petitioner is on

          an inimical term with the Chaukidar, thus Chaukidar implicated

          him. It is further submitted that if Chaukidar was aware of the

          involvement of the petitioner in the occurrence, then why he did

          not inform the police prior to institution of the present F.I.R.,

          which casts an aspersion on the case of the prosecution.

                       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

          Dighwara P. S. Case No.52 of 2026, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.
               Patna High Court CR. MISC. No.23539 of 2026(2) dt.09-04-2026
                                                           3/3




                                      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

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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