Created by Fuzzy Cloud

Patna High Court

Mithun PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that anticipatory bail may be granted where the petitioner is not in conscious possession of the contraband and has a clean antecedent, subject to verification by the trial court.

Summary

Mithun Paswan, the owner of a vehicle from which 123.570 litres of liquor was seized, applied for anticipatory bail under Section 438 of the Cr.P.C. He argued that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware of his driver’s alleged misuse of the vehicle. The State opposed the bail, contending the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The Court considered the petitioner’s clean antecedent and lack of conscious possession, and granted provisional anticipatory bail subject to a bond and sureties, with a condition that the trial court verify his antecedent before confirming the bail. If any prior case is discovered, the bail will not be confirmed. The order was made under Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s lack of conscious possession and clean antecedent justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Prohibition and Excise Act
  • vehicle ownership
  • clean antecedent
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24704 of 2026
                     Arising Out of PS. Case No.-9 Year-2026 Thana- KRISHNAGARH District- Bhojpur
                 ======================================================
                 Mithun Paswan S/o Dasai Paswan R/o Village - Sinha, P.S. - Krishnagarh,
                 Dist. - Bhojpur.
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akanksha Malviya, Advocate
                                                  Mr. Akash Keshav, Advocate
                                                  Mr. Naina Nancy, Advocate
                 For the Opposite Party/s :       Mr. Md. Ataur Rahman, A.P.P.
                 ======================================================
                 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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 123.570 litres of liquor from an auto.

                                 4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of the seized vehicle. It is next submitted that no prudent

                   person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.24704 of 2026(2) dt.20-04-2026
                                            2/3




          and, thus, would create evidence against himself and, hence,

          would get implicated. It is also submitted that petitioner was

          completely unaware that his driver would misuse the vehicle in

          the manner as alleged who also fled 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 appearing on behalf of the petitioner, let 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 Krishnagarh P.S.

          Case No. 09 of 2026, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.24704 of 2026(2) dt.20-04-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.