Patna High Court

Umesh PaswanversusThe State of Bihar

Decided: 20 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Umesh Paswan, was implicated in a case under Sections 47(A) and 47(F) of the Bihar Excise Act for alleged recovery of 60 litres of liquor and 570 kg of Jawa Mahua from a public place. He argued that he was not apprehended at the spot, no contraband was found in his possession, and the case was based solely on secret information. The State opposed his prayer for anticipatory bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.30,000 with two sureties and that the trial court verify his criminal antecedent within six weeks. If more than six prior excise cases are found, the bail will not be confirmed; otherwise, the provisional order will be confirmed.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances alleged.
Whether the presence of prior excise cases affects the grant of anticipatory bail.

Subjects

anticipatory bail
Bihar Excise Act
Section 47
criminal antecedent
secret information
excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24855 of 2026
                   Arising Out of PS. Case No.-354 Year-2015 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Nawada
                 ======================================================
                 Umesh Paswan S/O Kailu Paswan Resident of Village- Kharaundh, P.S.-
                 Sirdalla, District- Nawada.

                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sheo Nandan Prasad
                 For the Opposite Party/s :     Mr. Raj Ballabh Singh
                 ======================================================
                 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 47(A) and

                   47(F) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of six cases under the Excise Act and

                   allegation is of recovery of 60 liters of liquor along with 570 kgs

                   of Jawa Mahua from a place near a river at village Kumbhi

                   Bharti.

                                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 even alleged
Patna High Court CR. MISC. No.24855 of 2026(2) dt.20-04-2026
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          recovery is from a place which does not belong to the petitioner

          and is accessible to public at large and he came to be implicated

          based on secret information which is the easiest way to

          implicate someone. 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.

          30000/- (Rupees Thirty 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 G.O.

          Case No. 354 of 2015 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 six
            Patna High Court CR. MISC. No.24855 of 2026(2) dt.20-04-2026
                                                        3/3




                      cases then it would be presumed that petitioner, for the 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 six cases only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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