Bhola Paswan @ BholaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31852 of 2026
                    Arising Out of PS. Case No.-73 Year-2026 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
           1.     Bhola Paswan @ Bhola Son of Late Ramdeo Paswan Resident of Village -
                  Bihari, P.S- Bhagwanpur , District -Vaishali
           2.    Bhushan Paswan Son of Bhuil Paswan @ Shyam Kishore Paswan Resident
                 of Village - Bihari, P.S- Bhagwanpur , District -Vaishali
           3.    Sanjeev Paswan @ Tere Nam Son of Sakhi Paswan Resident of Village -
                 Bihari, P.S- Bhagwanpur , District -Vaishali

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sunil Kumar Singh
                 For the Opposite Party/s :      Mr. Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-05-2026                  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 has antecedent of one case and petitioner nos. 2

                   and 3 are persons with clean antecedent and allegation is of

                   recovery of 93.2 liters of liquor from a place near bank of a

                   river.

                                4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.31852 of 2026(2) dt.12-05-2026
                                            2/3




          petitioners were not apprehended from the spot as such nothing

          was recovered from their conscious possession and even alleged

          recovery is from a place which does not belong to the

          petitioners and is accessible to villagers at large and they came

          to be implicated based on secret information which is the easiest

          way     to    implicate      someone       without   holding a   proper

          investigation.

                       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 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.

          5000/- (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

          Bhagwanpur P.S. Case No. 73 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 petitioners and in the

          event if it is found that petitioner no. 1 has antecedent of more

          than one case and petitioner nos. 2 and 3 have antecedent of even
            Patna High Court CR. MISC. No.31852 of 2026(2) dt.12-05-2026
                                                        3/3




                      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 antecedent, but after verification if it is

                      found that petitioner no. 1 has antecedent of one case only and

                      petitioner nos. 2 and 3 are persons with clean antecedent in that

                      event the provisional anticipatory bail order shall be confirmed

                      forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T