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Patna High Court

Rudal Paswan @ Mahaveer Paswan @ Mahavir PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents.

Summary

The petitioner, Rudal Paswan, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where police alleged recovery of five litres of liquor from a hut not belonging to him and no conscious possession was established. He argued that the informant’s identity was omitted from the FIR and that he had only two prior excise cases, contending that the prosecution relied on secret information. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.10,000 bond with two sureties, subject to verification of his criminal antecedents. It directed that if more than two prior cases are found, the bail would not be confirmed; if only two are confirmed, the provisional bail would be made final. The order was issued under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where no conscious possession is proved.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether the omission of the informant’s name in the FIR vitiates the prosecution’s case.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • criminal antecedent
  • provisional bail
  • Bihar Excise Act
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25649 of 2026
                      Arising Out of PS. Case No.-54 Year-2023 Thana- HARNAUT District- Nalanda
                 ======================================================
                 Rudal Paswan @ Mahaveer Paswan @ Mahavir Paswan S/o Ramvriksh
                 Paswan @ Brij Paswan R/o Village - Nehusa Milkipar, P.S. - Harnaut, District
                 - Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Suraj Kumar
                 For the Opposite Party/s :      Mr. Meena Singh
                 ======================================================
                 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 30(a) of the

                   Bihar 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 5 liters of liquor from a hut.

                                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

                   recovery is from a place which does not belong to the petitioner

                   and he came to be implicated at the instance of local person, but
Patna High Court CR. MISC. No.25649 of 2026(2) dt.21-04-2026
                                            2/3




          then the name of the person who disclosed the name of the

          petitioner is not disclosed in the FIR which casts an aspersion

          on the case of the prosecution, when petitioner has not been

          implicated based on secret information. It is also submitted that

          of late police has started implicating accused with criminal

          antecedents in cases relating to Excise for obvious reasons.

                       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.

          10000/- (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 Harnaut

          P.S. Case No. 54 of 2023 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 two cases then it would be presumed that petitioner, for the
            Patna High Court CR. MISC. No.25649 of 2026(2) dt.21-04-2026
                                                        3/3




                      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 two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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