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Patna High Court

Sonu PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                        3/3




                      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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