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Patna High Court

Amar PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                       3/3




                     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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