Patna High Court
Ravi Ranjan PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail, subject to bond, sureties, and verification of his antecedent.
Summary
The petitioner, Ravi Ranjan Paswan, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where 20 litres of liquor were allegedly recovered from his motorcycle and from a cattle house belonging to a friend, Mintu. He argued that he had no knowledge of the liquor being in his vehicle, had no prior criminal record, and that the seizure was from a location unrelated to him. The State opposed the bail, contending that the alleged possession warranted denial of anticipatory relief. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 and two sureties, subject to verification of the petitioner’s antecedent under Section 482(2) of the Criminal Procedure Code. The order stipulated that if any prior case is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged recovery of liquor from the petitioner’s vehicle constitutes sufficient ground to deny anticipatory bail.
- Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- clean antecedent
- provisional bail
- motor vehicle
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24606 of 2026
Arising Out of PS. Case No.-953 Year-2022 Thana- DEHRI TOWN District- Rohtas
======================================================
Ravi Ranjan Paswan S/o Moti Paswan Resident of New Diliyan, P.S - Dehri,
Dist.- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 20 litres of liquor from a motorcycle and 20 litres of
liquor from cattle house of Mintu.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even alleged
recovery is from house of Mintu with whom he has no relation
but then is a friend and he came to be implicated based on the
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fact that he is owner of the seized motorcycle. It is next
submitted that no prudent person would use his own vehicle for
committing an occurrence and thus would create evidence
against himself and hence would get implicated, it is further
submitted that petitioner was completely unaware that Mintu
would misuse the vehicle in the manner as alleged, who was
also apprehended from the spot.
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 within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds 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 Dehri (T) P.S. Case No. 953/2022, 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 even
one case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.24606 of 2026(2) dt.18-04-2026
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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 is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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