Patna High Court
Abhimanyu Paswan @ Manu Paswan @ Abhimanyu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bail bonds and verification of the petitioners' criminal antecedents.
Summary
The petitioners, Abhimanyu Paswan and Hiraman Paswan, feared arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023, together with Sections 30(a), 32 and 41(1) of the Bihar Excise Act, alleging that 105 litres of liquor were recovered from a river bank and that they had no conscious possession. They contended that the recovery was from a public place, that they were implicated by a hostile chowkidar, and that no proper investigation had been conducted. The State opposed their prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to the petitioners furnishing bail bonds of Rs. 25,000 each with two sureties and to verification of their criminal antecedents. The Court stipulated that if petitioner No. 1 is found to have more than five prior cases or petitioner No. 2 any prior case, the bail would be withdrawn for that individual; otherwise, the provisional bail would be confirmed. The order also directed the office to trace and place the supplementary affidavit with the case record.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in a case under Sections 274, 275 of the Bihar Narcotic Substances Act, 2023 and Sections 30(a), 32, 41(1) of the Bihar Excise Act.
- Whether the alleged recovery of liquor from a public river bank and lack of conscious possession justify granting anticipatory bail.
- Whether the petitioners' criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Excise Act — s. 30(a), 32, 41(1)
- Bihar Narcotic Substances Act — s. 274, 275
Subjects
- anticipatory bail
- excise law
- liquor recovery
- criminal antecedent
- Section 482
- provisional bail
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32371 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- SHIKARGANJ District- East Champaran
======================================================
1. Abhimanyu Paswan @ Manu Paswan @ Abhimanyu Kumar son of Rajdev
Paswan @ Rajdev Hajra Resident of village- Semra Ps -Chiraiya District
-East Champaran
2. Hiraman Paswan son of Ramchandra Paswan @ Chandar paswan Resident
of village- Semra Ps -Chiraiya District -East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ujjwal Kumar Singh
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 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 Sections 274 and
275 of the BNS, 2023 read with Sections 30(a), 32 and 41(1) of
the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of five cases under the Excise
Act, as would manifest from supplementary affidavit and
petitioner no. 2 is a person with clean antecedent and allegation
is of recovery of 105 liters of liquor liters of liquor from bank of
a river.
Patna High Court CR. MISC. No.32371 of 2026(2) dt.13-05-2026
2/3
4. Learned counsel for the petitioners submits that
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 public at large and they came to
be implicated at the instance of Chowkidar with whom
petitioner no. 1 is on an inimical term. It is also submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information 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.
25000/- (Rupees Twenty 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 Shikarganj P.S. Case No. 60 of 2026 subject to the
Patna High Court CR. MISC. No.32371 of 2026(2) dt.13-05-2026
3/3
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 five cases and petitioner no. 2 has antecedent of even 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 five cases only and petitioner no. 2 is a person
with clean antecedent in that event the provisional anticipatory bail
order shall be confirmed forthwith.
8. The learned counsel for the petitioners produces
office copy of supplementary affidavit which is taken on record.
9. The office is directed to trace the supplementary
affidavit and place it with the case record.
(Satyavrat Verma, J)
Rishabh/-
U T
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