Patna High Court

Shankar PaswanversusThe State of Bihar

Decided: 18 June 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The High Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents.

Summary

The petitioner, Shankar Paswan, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing six litres of liquor recovered from a palan (storage) behind a house. He argued that he had a clean antecedent, that the liquor was not found in his immediate possession, and that the investigation was based on secret information without proper inquiry. The State opposed the bail, contending that the allegations warranted arrest. The Court, considering the petitioner's clean record and the circumstances, granted provisional anticipatory bail subject to a bond of Rs.500 with two sureties and directed the trial court to verify his antecedents. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Whether the circumstances of the alleged recovery of liquor justify denial of bail.

Legislation cited

Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 30(a)
Bihar Prohibition and Excise Act
clean antecedent
provisional bail
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38878 of 2026
                  Arising Out of PS. Case No.-61 Year-2026 Thana- INDUSTRIAL AREA District- Vaishali
                 ======================================================
                 Shankar Paswan S/O Khusmi Bhagat Resident of Village - Badi Yusufpur,
                 Police Station - industrial Area, Dist- Vaishali
                                                                         ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Sweety Sinha
                 For the Opposite Party/s :       Mr. Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-06-2026                  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 (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 6 litres of liquor from a Palani situated behind the

                   house of Sukhdeo Bhagat. It is next submitted that petitioner was

                   not arrested from the spot as such nothing was recovered from his

                   conscious possession and palani is a place outside the house and

                   he came to be implicated based on secret information which is the

                   easiest way to implicate someone without holding a proper

                   investigation, when petitioner admittedly is a person with clean

                   antecedent.

                                4. Learned A.P.P. for the State opposes the prayer for
             Patna High Court CR. MISC. No.38878 of 2026(2) dt.18-06-2026
                                                         2/2




                       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.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 Industrial

                       Area P.S. Case No.61/2026, 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

                       event if it is found that petitioner has antecedent of even one case,

                       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 is a person with clean antecedent, in that

                       event the provisional anticipatory bail order shall be confirmed

                       forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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