Created by Fuzzy Cloud

Patna High Court

Vinod PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to Section 438(2) Cr.P.C. conditions, pending verification of the petitioner’s antecedent.

Summary

The petitioner, Vinod Paswan, applied for anticipatory bail in a case registered under Sections 30(a) and 32(3) of the Excise Act for alleged recovery of 292.050 litres of liquor from a warehouse and an auto. He contended that he has a clean antecedent, was not arrested at the spot, and had no conscious possession of the liquor; his only connection was ownership of the seized vehicle, which he claimed was misused by the driver. The State opposed the bail, arguing the seriousness of the offence and the petitioner’s alleged involvement. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. The order also mandated verification of the petitioner’s antecedent by the trial court, with the proviso that the bail would be cancelled if any prior case is discovered. Consequently, the anticipatory bail application was allowed pending such verification.

Issues considered

  • Whether anticipatory bail can be granted in a case under Sections 30(a) and 32(3) of the Excise Act where the accused claims no conscious possession and a clean antecedent.
  • Whether ownership of a vehicle used in the alleged offence is sufficient to deny anticipatory bail.
  • What conditions under Section 438(2) of the Criminal Procedure Code must be satisfied for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438 Cr.P.C.
  • clean antecedent
  • vehicle misuse
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34302 of 2026
                    Arising Out of PS. Case No.-351 Year-2026 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Vinod Paswan Son of Mahendra Paswan Resident of Village- Aghoriya Bazar,
                 P.S.- Kajimohammadpur, District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Priyesh Kumar
                 For the Opposite Party/s :        Mr.Murli Dhar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026                  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) and 32(3) 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 292.050 litres of liquor from warehouse and an

                   auto.

                                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 is not the owner of

                   warehouse and he came to be implicated based on the fact that

                   he is owner of the seized auto. It is next submitted that no
Patna High Court CR. MISC. No.34302 of 2026(2) dt.15-05-2026
                                            2/3




          prudent person would use his own vehicle for committing a

          crime and thus, would create evidence against himself and

          hence, would get implicated. It is further submitted that

          petitioner was completely unaware that the driver would misuse

          the vehicle in the manner as alleged who also fled from the spot.

                       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

          Excise P. S. Case No.351 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
               Patna High Court CR. MISC. No.34302 of 2026(2) dt.15-05-2026
                                                           3/3




                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.