Alok Kumar Paswan @ Alok PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33758 of 2026
                      Arising Out of PS. Case No.-86 Year-2026 Thana- Excise P.S. District- Begusarai
                 ======================================================
                 Alok Kumar Paswan @ Alok Paswan S/o Ganga Paswan @ Ganga Ram
                 Paswan Resident of Village - Cheriya Bariyarpur, Khanjahpur, P.S. - Cheriya
                 Bariyarpur, Dist. - Begusarai.
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :         Mr. Pawan Kumar Chaurasia, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026                  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) and

                   32(3) of the Bihar Prohibition and Excise (Amendment) Act,

                   2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 982.400 litres of liquor from a truck.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated at the instance of the local person but then it is
Patna High Court CR. MISC. No.33758 of 2026(2) dt.15-05-2026
                                            2/3




          submitted that if the local person was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to the institution of the instant FIR which casts

          an aspersion on the case of the prosecution.

                       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 appearing on behalf of the petitioner, let 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.5,000/- (Rupees

          Five Thousand) 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 G.R. No. 281 of

          2026, Begusarai Excise P.S. Case No. 86 of 2026, subject to the

          conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of more than one

          case, it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.33758 of 2026(2) dt.15-05-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T