Patna High Court
Akshay Kumar Paswan @ Akshay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted provisionally where the petitioner has a clean antecedent and no direct possession of the alleged contraband, subject to verification by the trial court.
Summary
Akshay Kumar Paswan sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act alleging recovery of liquor from an under‑construction house and two motorcycles. He contended that he had no direct possession of the liquor, was not the owner of the vehicles, and that the house was vacant, suggesting that someone else had planted the liquor to implicate his family. The State opposed the bail. The High Court, noting the petitioner’s clean antecedent and lack of possession, granted provisional anticipatory bail on the condition of a Rs.500 bond and two sureties, subject to verification by the trial court. The court directed that if any criminal antecedent is discovered, the bail would be revoked; otherwise, the provisional order would be confirmed.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the petitioner claims no possession and a clean antecedent
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31833 of 2026
Arising Out of PS. Case No.-62 Year-2026 Thana- NAUTAN District- Siwan
======================================================
Akshay Kumar Paswan @ Akshay Kumar Son of Kalindra Manjhi @
Kalindra Paswan Resident of Village- Pachlakhi, P.S.- Nautan, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey
For the Opposite Party/s : Mr. Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 18 liters of liquor from an under constructed house
of the petitioner, 8.64 from a motorcycle and 30.030 liters of
liquor from another motorcycle.
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 is not the
owner of any of the seized vehicles and the house was under
Patna High Court CR. MISC. No.31833 of 2026(2) dt.12-05-2026
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construction, as such, no one was staying hence was accessible
to villagers at large and it appears that someone inimical to the
family concealed meager amount of liquor with an intent to
implicate the entire family members. It is also 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.
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.
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 Nautan
P.S. Case No. 62 of 2026 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 even one case
then it would be presumed that petitioner, for the purposes of
Patna High Court CR. MISC. No.31833 of 2026(2) dt.12-05-2026
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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 is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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