Patna High Court
Sanoj PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties, and verification of antecedents.
Summary
The petitioner, Sanoj Paswan, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 19.8 litres of liquor from a location adjacent to his house. He argued that the liquor was not found in his possession, the FIR did not name the informant, and the investigation was mechanically conducted without proper inquiry. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 and two sureties, subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S. If more than two prior cases are found, the bail will not be confirmed; if only two, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of recovered liquor from the accused’s possession and procedural lapses in the FIR justify granting bail.
- How the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedents
- bail conditions
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37365 of 2026
Arising Out of PS. Case No.-364 Year-2018 Thana- KHAJEKALA District- Patna
======================================================
Sanoj Paswan S/o Nagendra Paswan @ Gajindra Paswan R/o vill - Imambara,
Diwan Mohalla, Shish Mahal, Patna City, P.O.- Patna City, P.S.- Khajekalan,
Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Rai
For the Opposite Party/s : Ms. Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 19.8 litres of liquor from a place
near a Pipal tree planted near the house of the petitioner. It is
next submitted that petitioner was not arrested 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 but then is adjacent to his house and he came to be
Patna High Court CR. MISC. No.37365 of 2026(2) dt.16-06-2026
2/3
implicated at the instance of local person but then the name of
the person who disclosed the name of the petitioner is not
disclosed in the FIR which casts an aspersion on the case of the
prosecution. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) 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 Khajekalan P.S. Case No.364/2018, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.37365 of 2026(2) dt.16-06-2026
3/3
event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.