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Patna High Court

Nandu Paswan @ Nandkishor PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that, given the petitioner’s clean antecedent and lack of possession of the alleged liquor, provisional anticipatory bail should be granted subject to verification of antecedents under Section 438(2) CrPC.

Summary

Nandu Paswan applied for anticipatory bail under Section 438 of the CrPC in connection with a case under Section 30(a) of the Excise Act alleging recovery of 39 litres of liquor from vacant land. The petitioner argued that he has a clean criminal record, was not arrested at the spot, and the alleged liquor was not in his possession nor on his property. The State opposed the bail. The High Court, noting the petitioner’s clean antecedent and the lack of direct possession, directed that provisional anticipatory bail be granted on the condition of furnishing bail bonds and two sureties, and subject to verification of his criminal antecedent by the trial court. The court warned that if any antecedent is discovered, the bail would be cancelled, otherwise it would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case under Section 30(a) of the Excise Act.
  • Whether the petitioner’s clean antecedent and lack of possession justify provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • clean antecedent
  • provisional bail
  • criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33219 of 2026
                    Arising Out of PS. Case No.-49 Year-2026 Thana- LALIT NARAYAN UNIVERSITY
                                                    District- Darbhanga
                 ======================================================
                 Nandu Paswan @ Nandkishor Paswan Son of Shiboo Paswan @ Shibu
                 Paswan Resident of Village- Bela Shankar, P.S.- LNMU, District- Darbhanga.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Virendra Kumar
                 For the Opposite Party/s :    Mr.Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                  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 is a person with clean antecedent and allegation is

                   of recovery of 39 litres of liquor from vacant land.

                                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 even alleged

                   recovery is from a place, which does not belong to the petitioner

                   and he came to be implicated based on secret information which
Patna High Court CR. MISC. No.33219 of 2026(2) dt.14-05-2026
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          is the easiest way to implicate someone without holding a

          proper investigation, when admittedly petitioner is a person with

          clean antecedent.

                       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.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

          LNMU P. S. Case No.49 of 2026, 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 even one case, then it

          would be presumed that petitioner for the purposes of obtaining

          anticipatory bail had concealed his antecedent before this Court,
               Patna High Court CR. MISC. No.33219 of 2026(2) dt.14-05-2026
                                                           3/3




                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if 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)
vikash/-

U          T


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