Patna High Court
Vinod PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 32(3)
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
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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
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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/-
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