Patna High Court
Subodh PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with bail conditions.
Summary
The petitioner, Subodh Paswan, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 50 litres of liquor from a garden behind a school. He claimed a clean criminal record, no arrest, and that the alleged liquor was located in a public area not under his control. The petition sought anticipatory bail, arguing that the FIR was based on undisclosed information and that there was no possession or arrest. The State opposed the bail. The High Court granted provisional anticipatory bail, subject to a bail bond of Rs. 500 with two sureties and a condition that the trial court verify the petitioner’s antecedent; if any prior case is found, the bail would be revoked, otherwise confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s clean antecedent and lack of possession justify anticipatory bail.
- Whether the FIR, based on undisclosed information, is sufficient to deny bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- criminal procedure
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38208 of 2026
Arising Out of PS. Case No.-812 Year-2025 Thana- GAURICHAK District- Patna
======================================================
Subodh Paswan Son of Vijay Paswan Resident of Village - Rukanpur, P.S. -
Pachrukhiya, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shyamal Prakash
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 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 the
petitioner is a person with clean antecedent and allegation is of
recovery of 50 litres of liquor from a garden situated behind a
school.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.38208 of 2026(2) dt.29-06-2026
2/3
at the instance of local people, 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,
when petitioner has not been implicated based on secret
information, when petitioner admittedly is a person with clean
antecedent.
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 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 Gaurichak P.S. Case No. 812 of 2025, 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
Patna High Court CR. MISC. No.38208 of 2026(2) dt.29-06-2026
3/3
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if 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)
Sumit/-
U T
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