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Patna High Court

Anil PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to verification of his antecedent and compliance with the conditions stipulated under Section 482(2) of the BNSS.

Summary

The petitioner, Anil Paswan, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 45 litres of liquor from a bamboo orchard. He asserted that he has a clean criminal record, was not caught in possession, and that the alleged liquor was found in a place not belonging to him but accessible to villagers, with the complaint filed by a chowkidar. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned it on verification of the petitioner’s antecedent by the trial court. If any prior case is discovered, the bail will not be confirmed; if the petitioner is found to have a clean record, the provisional bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s claim of a clean antecedent and lack of possession warrants provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • clean antecedent
  • provisional bail
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34761 of 2026
                         Arising Out of PS. Case No.-50 Year-2026 Thana- Geedha District- Bhojpur
                 ======================================================
                 Anil Paswan S/o Ramat Paswan @ Ramati Paswan R/o Village - Mokhlisa,
                 P.S- Gidha, Distt.- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Madhu Mala Kumari, Advocate
                 For the Opposite Party/s :        Ms. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   25-06-2026                  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) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 45 liters of liquor from a bamboo orchard.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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 is accessible to villagers at large and he came to be

                   implicated at the instance of Chowkidar with whom he is on an
Patna High Court CR. MISC. No.34761 of 2026(3) dt.25-06-2026
                                            2/3




          inimical term. It is also submitted that if Chowkidar was aware

          of the involvement of the petitioner in the occurrence then why

          he did not inform the police prior to 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 for the petitioner, the petitioner above-named, in the

          event of his 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.

          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

          Gidha P.S. Case No. 50 of 2026 subject to the 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 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

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
            Patna High Court CR. MISC. No.34761 of 2026(3) dt.25-06-2026
                                                        3/3




                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                (Satyavrat Verma, J)
Rishabh/-

U      T


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