Patna High Court
Banty Kumar @ Banty PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
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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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