Patna High Court
Ganesh PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to verification of the petitioner's antecedents, with confirmation contingent on a clean record.
Summary
Ganesh Paswan, a resident of Muzaffarpur, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that 24 litres of liquor and 100 litres of Mahua jaggery solution were recovered from a location adjacent to his house, not from his possession. He asserted a clean criminal record and argued that the recovery was based on secret information without proper investigation. The State opposed his request for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that Paswan furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. If any prior case is found, the bail will not be confirmed; if his clean record is confirmed, the bail will be affirmed. The order was made under Section 482(2) of the B.N.S.S. Act.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. Act in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the alleged recovery of liquor and Mahua jaggery solution from a location not in the petitioner's possession justifies denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. Act — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- clean antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29800 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- KUDHNI District- Muzaffarpur
======================================================
Ganesh Paswan S/o Dukhan Paswan Resident of Village - Kishunpur Mohini,
P.S - Kudhani, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yashraj Bardhan
For the Opposite Party/s : Mr. Dilip Kumar No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 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 Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 24 litres of liquor from a room near a hand pump
near the house of the petitioner along with 100 litres of Mahua
Jaggery solution which was destroyed. 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
Patna High Court CR. MISC. No.29800 of 2026(2) dt.05-05-2026
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based on secret information which is the easiest way to
implicate someone without holding a proper investigation when
petitioner admittedly 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 Kudhani P.S. Case No.34/2026, 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
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.29800 of 2026(2) dt.05-05-2026
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shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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