Patna High Court
Sonu PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Sonu Paswan, feared arrest in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for allegedly possessing 13.5 litres of liquor on a scooty. He contended that he was not caught in possession, was not the owner of the vehicle, and that his name was absent from the FIR, suggesting a mechanically driven investigation. The petitioner applied for anticipatory bail, while the State opposed the relief. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and appear before the trial court within six weeks. The order further directed the trial court to verify the petitioner’s criminal antecedent; if more than three prior cases are found, the bail would not be confirmed, otherwise it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bihar Excise Act offences.
- Whether the absence of the petitioner’s name in the FIR and lack of possession affect the bail application.
- Whether the trial court should verify the petitioner’s criminal antecedent before confirming bail.
Subjects
- anticipatory bail
- excise offence
- seizure of liquor
- criminal antecedent
- Bihar Excise Act
- Section 30(a)
- Section 41(1)
- Section 482(2)
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24490 of 2026
Arising Out of PS. Case No.-374 Year-2025 Thana- Raghunathpur District- East Champaran
======================================================
Sonu Paswan Son of Sudish Paswan Resident of Village - Raghunathpur Mani
Sthan, P.S. - Raghunathpur, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Harsh Shashwat, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a) and
41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 13.5 liters of liquor from a Scooty.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized Scooty and came to be implicated at the
instance of local villager, but then the name of the person who
Patna High Court CR. MISC. No.24490 of 2026(2) dt.20-04-2026
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disclosed the name of the petitioner is not disclosed in the FIR
which casts an aspersion on the case of the prosecution. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
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.
15000/- (Rupees Fifteen 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
Raghunathpur P.S. Case No. 374 of 2025 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
three cases then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.24490 of 2026(2) dt.20-04-2026
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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 antecedent of three cases only, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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