Patna High Court
Paras Parihar @ Paras KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bond, sureties and verification of the petitioner’s antecedents.
Summary
Paras Parihar, a resident of Haripur, Saharsa, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 5.250 litres of liquor from a room adjacent to his house. The petitioner argued he has a clean antecedent, the liquor was not found in his possession, and the FIR did not name him, suggesting reliance on secret information. The State opposed the grant of anticipatory bail. The Court, after considering these submissions, ordered provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 with two sureties and subject to verification of the petitioner’s criminal antecedents. If the trial court finds the petitioner has a clean record, the bail will be confirmed; otherwise, it will not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28806 of 2026
Arising Out of PS. Case No.-14 Year-2025 Thana- SONBERSA COURT District- Saharsa
======================================================
Paras Parihar @ Paras Kumar Son of Late Pawan Kumar Singh Resident of
Village - Haripur, P.S. - Sonbersa Court, District - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyanshu Ranjan
For the Opposite Party/s : Mr. Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 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
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 5.250 litres of liquor from a room in front of the
house of petitioner. It is next submitted that petitioner was not
arrested 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 but then is adjacent to
his house and he came to be implicated at the instance of local
person but then the name of local person who disclosed the
Patna High Court CR. MISC. No.28806 of 2026(2) dt.29-04-2026
2/3
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 and is a person
with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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 Sonbersa Court P.S. Case No.14/2025, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.28806 of 2026(2) dt.29-04-2026
3/3
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…