Patna High Court
Amar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted to the petitioners subject to bail bonds, sureties, and verification of antecedents.
Summary
The petitioners, Amar Paswan and Rohit Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging recovery of 50 litres of liquor from the bank of the Gandak River. They argued they have a clean antecedent, were not caught in possession, and that the complaint was instigated by a hostile chawkidar. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 each, two sureties, and a deposit of Rs.2,000 with the Patna High Court Advocate Association, with verification of antecedents within six weeks. The order stipulated that if any criminal antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The court thus allowed the petition for anticipatory bail with conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC/Section 482(2) BNSS in the context of an alleged offence under the Bihar Prohibition and Excise Act, 2018.
- Whether the absence of possession and the petitioners' clean antecedent justify the grant of anticipatory bail.
- Whether the involvement of the chawkidar and the nature of the alleged recovery affect the bail decision.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- liquor seizure
- river bank
- bail bond
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3638 of 2026
Arising Out of PS. Case No.-475 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
1. Amar Paswan S/o Fucho Paswan Resident of Ward No. 04, Basantpur
Karrakh, Karrakh Sakhmohan, P.S. Bibhutipur, District Samastipur
2. Rohit Kumar S/o Kishundev Shani @ Kishun Sahni Resident of – Rampur,
P.S. Cheriya Bariyarpur, District Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar Kunwar, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 50 litres of liquor from the bank of Gandak River.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
petitioners but then is accessible to villagers at large. It is further
Patna High Court CR. MISC. No.3638 of 2026(2) dt.29-01-2026
2/3
submitted that petitioners came to be implicated at the instance
of the Chawkidar with whom they are on an inimical term. It is
next submitted that if the Chawkidar was aware of the
involvement of the petitioners 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, when
petitioners admittedly are persons with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners above-named, in
the event of their 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) each 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
Bibhutipur P.S. Case No. 475 of 2025, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./482(2) of the
BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioners and
Patna High Court CR. MISC. No.3638 of 2026(2) dt.29-01-2026
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if it is found that petitioners have antecedent of even one case, it
would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioners are persons with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioners
based on instruction submits that petitioners undertake to
deposit an amount of Rs.2,000/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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