Patna High Court
Dharmendra PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioners, subject to bond, sureties, and verification of their antecedent.
Summary
The petitioners, Dharmendra Paswan and Raghav Kumar Paswan, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, concerning the alleged recovery of 654 litres of liquor from a semi‑constructed house belonging to Jagdish Paswan. They argued they have clean antecedents, no liquor was found in their possession, and the alleged contraband was located on property not owned by them, asserting that the investigation relied on secret information. The State opposed the bail. The High Court, after hearing counsel, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioners' criminal antecedents, stating that any prior case would prevent confirmation of bail, whereas a clean record would lead to its confirmation. The order was made under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Negotiable Securities Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. in the context of alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the petitioners' lack of possession of the alleged liquor and their clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38951 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- Bhalpatti District- Darbhanga
======================================================
1. Dharmendra Paswan Son of Ram Lakhan Paswan @ Binod Paswan Resident
of Village- Bhalpatti, Tola, Mugalpura, Ward No. - 3, P.S.- Bhalpatti,
District- Darbhanga.
2. Raghav Kumar Paswan @ Raghav Paswan Son of Ram Lakhan Paswan @
Binod Paswan Resident of Village- Bhalpatti, Tola, Mugalpura, Ward No. -
3, P.S.- Bhalpatti, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sameer Ranjan, Advocate
For the Opposite Party/s : Ms. Renuka Ratnakar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 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 654 litres of liquor from a semi constructed house of
Jagdish Paswan and nearby bushes.
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
Patna High Court CR. MISC. No.38951 of 2026(2) dt.18-06-2026
2/3
recovery is from a place which does not belong to the
petitioners and they came to be implicated based on the secret
information which is the easiest way to implicate someone
without holding a proper investigation of the case, 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 appearing on behalf of the petitioners, let the
petitioners, above-named, in the event of their 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) 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
Bhalpatti P.S. Case No. 31 of 2026, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioners
and if it is found that petitioners have antecedent of even one
case, it would be presumed that petitioners had concealed their
Patna High Court CR. MISC. No.38951 of 2026(2) dt.18-06-2026
3/3
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.
(Satyavrat Verma, J)
Kundan/-
U T
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