Patna High Court
Surendra Kumar Paswan @ Surendra PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s antecedent.
Summary
Surendra Kumar Paswan applied for anticipatory bail in a case alleging offences under Section 30(a) of the Excise Act and Sections 274 and 275 of the Bihar Narcotic Substances Act, involving the alleged recovery of 180 litres of liquor from a motorcycle. The petitioner argued that he has a clean antecedent, was not arrested at the spot, did not have conscious possession of the liquor, and that his name was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to Section 438(2) of the Cr.P.C. and verification of his antecedent. The order stipulated that if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the omission of the petitioner’s name from the FIR and lack of arrest at the spot justify granting bail.
- Whether the alleged offences under the Excise Act and Bihar Narcotic Substances Act warrant denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Bihar Narcotic Substances Act
- liquor seizure
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38330 of 2026
Arising Out of PS. Case No.-425 Year-2025 Thana- RAJAPAKAR District- Vaishali
======================================================
Surendra Kumar Paswan @ Surendra Paswan S/o- Late Sonelal Paswan R/v-
Bakarpur, Near Pokhar W.No-10, Vishnupur P.S- Rajapakar, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravish Mishra
For the Opposite Party/s : Ms.Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act and Sections 274 and 275 of the
B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 180 litres of liquor from a motorcycle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized motorcycle and he came to be implicated at the
instance of local person, but the name of the person, who
Patna High Court CR. MISC. No.38330 of 2026(2) dt.17-06-2026
2/3
disclosed the name of the petitioner is not disclosed in the F.I.R.,
which casts an aspersion on the case of the prosecution, when
petitioner has not been implicated based on secret information.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Rajapakar P. S. Case No.425 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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 obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.38330 of 2026(2) dt.17-06-2026
3/3
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, 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)
vikash/-
U T
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