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Patna High Court

Satrughan PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to bail bond, sureties, deposit, and verification of antecedent.

Summary

The petitioner, Satrughan Paswan, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act, concerning the alleged recovery of 10.6 litres of liquor from a public crossing. He argued that he has a clean antecedent, was not caught in possession, and the liquor was recovered from a place not belonging to him, with the informant’s identity omitted from the FIR. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties, a deposit of Rs.1500 with the Advocates’ Association, and verification of the petitioner’s antecedent. The order stipulated that if any prior criminal case is discovered, the bail would be withdrawn, otherwise it would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s lack of possession and clean antecedent justify bail.
  • Whether the conditions imposed under Section 482(2) of the Code of Criminal Procedure are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • liquor
  • excise law
  • clean antecedent
  • bail bond
  • Section 274
  • Section 275
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3896 of 2026
                      Arising Out of PS. Case No.-504 Year-2025 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Satrughan Paswan Son of Late Khublal Paswan R/o Village - Madhopur
                 Kathariya, P.S. - Turkauliya, District - East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Roop Kishan, Advocate
                 For the Opposite Party/s :       Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  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 Sections 274 and

                   275 of the BNS, 2023 read with Section 30(a) of the Bihar

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 10.6 liters of liquor from Madhopur Committee

                   crossing situated near a government road.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.3896 of 2026(2) dt.29-01-2026
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          recovery is from a place which does not belong to the petitioner

          and is accessible to villagers at large and he came to be

          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, 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 before the learned Trial Court

          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

          Turkauliya P.S. Case No. 504 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
            Patna High Court CR. MISC. No.3896 of 2026(2) dt.29-01-2026
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                      one case then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this 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.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      1500/- with Advocates’ Association, Patna High Court within a

                      period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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