Patna High Court
Ashok 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 criminal antecedent.
Summary
The petitioners, Ashok Paswan and Samit Kumar Paswan, sought anticipatory bail fearing arrest in a case under Sections 30(a), 37 and 45 of the Bihar Prohibition and Excise (Amendment) Act, 2022, relating to the alleged recovery of 1.875 litres of liquor from Nikki Devi. They argued they have a clean antecedent, were not arrested on the spot, and had no conscious possession of the liquor. The State opposed the bail, contending the allegations were sufficient to justify detention. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and subject to verification of the petitioners' criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the allegations under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioners' claim of clean antecedent and lack of conscious possession warrants the grant of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 37, 45
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- liquor possession
- clean antecedent
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39043 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- Excise P.S. District- Supaul
======================================================
1. Ashok Paswan S/O Sri Daya Ram Paswan R/O - Malhad, Ward No-16, P.S.,
District- Supaul
2. Samit Kumar Paswan @ Samit Paswan Son of Sri Daya Ram Paswan R/O -
Malhad, Ward No-16, P.S., District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 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 offences punishable under Sections 30(a), 37
and 45 of the Bihar Prohibition and Excise (Amendment) Act,
2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 1.875 litres of liquor from possession of Nikki Devi.
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 they came to be
implicated with an allegation that when Nikki Devi was
Patna High Court CR. MISC. No.39043 of 2026(2) dt.22-06-2026
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arrested, several accused persons came and verbally abused the
police officials and tried to free Nikki Devi from the police
custody. It is further submitted that allegation against the
petitioners is general and omnibus in nature. It is reiterated and
submitted that petitioners 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
Supaul Excise P.S. Case No. 01 of 2026 corresponding to
Miscellaneous Excise No. 63 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
Patna High Court CR. MISC. No.39043 of 2026(2) dt.22-06-2026
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case, it would be presumed that petitioners had concealed their
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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