Patna High Court

Umesh PaswanversusThe State of Bihar

Decided: 21 April 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

Anticipatory bail was denied because of the undue delay in filing the application and the petitioner’s antecedent criminal cases.

Summary

The petitioner, Umesh Paswan, applied for anticipatory bail fearing arrest in a case registered under Section 47(A) of the Bihar Excise Act concerning alleged offences from 2014. He filed the application twelve years after the FIR, despite having five prior cases. The court examined whether anticipatory bail could be granted given the long delay and the petitioner's criminal antecedents. It held that the delay and the petitioner’s history did not merit the privilege of anticipatory bail. Consequently, the application for anticipatory bail was rejected.

Issues considered

Whether anticipatory bail can be granted in a case registered twelve years earlier
Whether the petitioner’s prior criminal record precludes the grant of anticipatory bail

Subjects

anticipatory bail
bail jurisdiction
delay in filing
criminal antecedents
Bihar Excise Act

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.25164 of 2026
                    Arising Out of PS. Case No.-187 Year-2014 Thana- GOVERNMENT OFFICIAL COMP.
                                                      District- Nawada
                  ======================================================
                  Umesh Paswan S/O Kailu Paswan R/O Village- Kharaundh, P.S- Sirdalla,
                  Distt.- Nawada.
                                                                       ... ... Petitioner/s
                                               Versus
                  The State of Bihar
                                                                ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Mr. Sheo Nandan Prasad, Advocate
                  For the Opposite Party/s :    Ms. Pushpa Sinha, APP
                  ======================================================
                  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 Section 47(A) of

                    the Bihar Excise Act.

                                 3. In the nature of allegation as alleged in the FIR, the

                    Court is not inclined to extend the privilege of anticipatory bail

                    to the petitioner for the reason that the case is of the year 2014

                    and the petitioner after twelve years has moved this Court

                    seeking anticipatory bail when he has antecedent of five cases.

                                 4. Accordingly,     the    instant     anticipatory      bail

                    application stands rejected.


                                                   (Satyavrat Verma, J)

Rishabh/-

U      T

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