Patna High Court
Lalan PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail, subject to verification of his antecedents.
Summary
Lalan Paswan was implicated in an excise case for the alleged recovery of 170 litres of liquor from a motorcycle he owned. He applied for anticipatory bail, arguing that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and was unaware of his brother's alleged misuse of the vehicle. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed verification of the petitioner's criminal antecedents. If any antecedent is found, the bail will not be confirmed; if none is found, the bail will be confirmed. The order was made under Section 482(2) of the relevant procedural law.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) in the context of alleged excise offences under the Bihar Prohibition and Excise Act, 2016.
- Whether ownership of the vehicle used in the alleged offence is sufficient grounds to deny anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 (Amended 2018-22) — s. 30(a), 32(3)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- vehicle ownership
- clean antecedent
- Section 30
- Section 32
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31888 of 2026
Arising Out of PS. Case No.-354 Year-2026 Thana- Excise P.S. District- Muzaffarpur
======================================================
Lalan Paswan Son of Prabhu Paswan Resident of Village- Bardaha, P.S.-
Saaiya, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
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 offence punishable under Sections 30(a) and
32(3) of Bihar Prohibition and Excise Act, 2016 (Amended
2018-22).
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 170 litres of liquor from a motorcycle. It is next
submitted 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 vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.31888 of 2026(2) dt.12-05-2026
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would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that his brother Parshuram would misuse
his vehicle in the manner as alleged who was also apprehended
from the spot.
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 Excise P.S. Case No.354/2026, 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
Patna High Court CR. MISC. No.31888 of 2026(2) dt.12-05-2026
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on verification 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)
amit/-
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