Patna High Court
Rajesh Paswan @ Raghwendra PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of criminal antecedents, with confirmation contingent on the truth of the antecedent disclosures.
Summary
Petitioners Rajesh Paswan and Dilip Kumar (also known as Govind Kumar Singh) feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 7.44 litres of liquor from the Balaji Marriage Complex. They contended that no liquor was found in their possession, that the second petitioner merely owned the premises and was unaware of any misuse, and that the first petitioner, an employee, was implicated mechanically. The State opposed their request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.5,000 and two sureties, invoking Section 482(2) of the BNSS, and directed verification of the petitioners' criminal antecedents. The order stipulated that if the antecedents were as claimed, the bail would be confirmed; otherwise, it would be withdrawn for any concealed antecedent.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
- Whether the petitioners' criminal antecedents, if concealed, affect the confirmation of anticipatory bail
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- liquor seizure
- marriage hall
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28810 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- BIKRAMGANJ District- Rohtas
======================================================
1. Rajesh Paswan @ Raghwendra Paswan Son of Kamlesh Paswan Resident of
Village -Amathu Durgadih PS- Bikramganj Dist -Rohtas
2. Dilip Kumar @ Govind Kumar Singh Son of Ramnath Singh Resident of
Village - Dhawan, PS- Bikramganj Dist -Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghunandan Kumar Singh
For the Opposite Party/s : Mr.Anil Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 is a person with clean antecedent and petitioner
no. 2 has antecedent of one case and allegation is of recovery of
7.44 litres of liquor from a Balaji Marriage Complex.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and petitioner no. 2
Patna High Court CR. MISC. No.28810 of 2026(2) dt.30-04-2026
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came to be implicated based on the fact that he is owner of
Balaji Marriage Complex. It is further submitted that the said
complex is let out on rent in marriage season and for other
purposes. It is next submitted that no prudent person would use
his own premises for committing an occurrence and thus would
create evidence against himself and hence would get implicated
and at the same time shall bring disrepute to his business, it is
also submitted that petitioner no. 2 was completely unaware that
customer who had booked the marriage hall would misuse the
premises in the manner as alleged. It is next submitted that
petitioner no. 1 being employee of petitioner no. 2 came to be
implicated in a mechanical manner.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)
each 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 Bikramganj P.S. Case No. 81 of 2026
Patna High Court CR. MISC. No.28810 of 2026(2) dt.30-04-2026
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subject to the conditions as laid down under Section Section
482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioner no. 1 has antecedent of even
once case and petitioner no. 2 has antecedent of more than one
case then it would be presumed that petitioners, for the purposes
of seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioner no. 1 is a person with clean antecedent and
petitioner no. 2 has antecedent of one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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