Patna High Court
Vikash Paswan @ Vikash Kumar @ Bikash 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 antecedent.
Summary
The petitioner, Vikash Paswan, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act for allegedly possessing 15 litres of liquor recovered from a motorcycle. He argued that he was not arrested on the spot, had no conscious possession, was not the vehicle owner, and was implicated by a chawkidar without prior police notice. The State opposed the bail. The Court considered the petitioner's prior two cases under the Excise Act and the lack of direct possession, and ordered provisional anticipatory bail on the condition of a Rs.10,000 bond with two sureties, subject to verification of his criminal antecedent. If more than two prior cases are found, the bail will not be confirmed; if only two, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged offences under the Bihar Prohibition and Excise Act and his prior criminal antecedent.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- section 438
- Bihar Prohibition and Excise Act
- criminal antecedent
- bond and sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25101 of 2026
Arising Out of PS. Case No.-387 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Vikash Paswan @ Vikash Kumar @ Bikash Paswan Son of Ramsurat Paswan
Resident of Village- Ramgarhwa Bajar, P.S.- Ramgarhwa, District- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 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 Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 15 litres of liquor from a motorcycle.
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 is not the owner of the seized vehicle and came to
be implicated at the instance of the Chawkidar with whom he is
Patna High Court CR. MISC. No.25101 of 2026(2) dt.21-04-2026
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on an inimical term. It is next submitted that if the Chawkidar
was aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to the institution of
the instant 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 start
implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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.10,000/-
(Rupees Ten 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 Ramgarhwa P.S.
Case No. 387 of 2025, 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
Patna High Court CR. MISC. No.25101 of 2026(2) dt.21-04-2026
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Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than two
cases, 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
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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