Patna High Court
Rajbanshi Paswan @ Rajbansh HajaraversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedents.
Summary
The petitioner, Rajbanshi Paswan, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of 200 litres of liquor from his auto. He argued that he was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that his son misused the vehicle. The State opposed the bail, contending that the petitioner’s ownership of the vehicle linked him to the offence. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs 5,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if more than one prior case is found, the bail would be cancelled; otherwise, it would be confirmed. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC in a case under Section 30(a) of the Excise Act.
- Whether ownership of the seized vehicle implicates the petitioner in the offence.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Section 30(a)
- vehicle seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30663 of 2026
Arising Out of PS. Case No.-2957 Year-2025 Thana- Excise P.S. District- East Champaran
======================================================
Rajbanshi Paswan @ Rajbansh Hajara S/O Bhikhari Paswan Resident of
village-Hema Chhapra, P.S. Kotwa, District East Champaran, Motihari at
present resident at Badaharava Kala, Bauharwa, P.S. Kotwa, District- East
Champaran, Motihari.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and allegation is of
recovery of 200 litres of liquor from an auto.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized auto.
It is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.30663 of 2026(2) dt.06-05-2026
2/3
vehicle for committing a crime and thus, would create evidence
against himself and hence, would get implicated. It is further
submitted that petitioner was completely unaware that his son
Mithu Kumar would misuse the vehicle in the manner as alleged
as he was also apprehended at the spot.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.5,000/- (Rupees Five 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 Excise P. S. Case No.2957 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
Patna High Court CR. MISC. No.30663 of 2026(2) dt.06-05-2026
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it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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