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Patna High Court

Vikki PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to specified conditions.

Summary

The petitioners, a group of seven individuals from Hamidpur, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging possession of ten litres of liquor by Balindra Paswan. They contended that they have clean antecedents, that the women among them are being unfairly implicated, and that the informant’s allegations are false, noting that the police were repelled and the accused escaped. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of their criminal antecedents and compliance with Section 482(2) of the B.N.S.S. The order was conditioned on a further deposit of Rs.1,500 each with the Advocates’ Association. The application for anticipatory bail was allowed.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in the pending case under Sections 274, 275 of B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the allegations against the petitioners constitute a false case and if they have clean antecedents.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for granting provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • liquor seizure
  • clean antecedent
  • Section 274 B.N.S.
  • Section 275 B.N.S.
  • Section 30(a) Bihar Prohibition and Excise Act
  • Section 482(2) B.N.S.S.
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4141 of 2026
                   Arising Out of PS. Case No.-487 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
           1.     Vikki Paswan son of Ramayodhya Paswan Resident of village - Hamidpur,
                  Ward no. 06, Ps- kesariya, Dist- East Champaran
           2.    Rajendra Paswan son of Late Mukha Paswan Resident of village -
                 Hamidpur, Ward no. 06, Ps- kesariya, Dist- East Champaran
           3.    Balindra Paswan son of Late Mukha Paswan Resident of village - Hamidpur,
                 Ward no. 06, Ps- kesariya, Dist- East Champaran
           4.    Ramayodhya Paswan Son of Late mukha Paswan Resident of village -
                 Hamidpur, Ward no. 06, Ps- kesariya, Dist- East Champaran
           5.    Nirmala Devi Wife of Rajendra Paswan Resident of village - Hamidpur,
                 Ward no. 06, Ps- kesariya, Dist- East Champaran
           6.    Shulekha Devi Wife of Balindra Paswan Resident of village - Hamidpur,
                 Ward no. 06, Ps- kesariya, Dist- East Champaran
           7.    Gaytri Devi wife of Ramayodhya Paswan Resident of village - Hamidpur,
                 Ward no. 06, Ps- kesariya, Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. Petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 274 and

                   275 of B.N.S., 2023 as well as Section 30(a) of Bihar

                   Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.4141 of 2026(2) dt.29-01-2026
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          petitioners are persons with clean antecedent and petitioners no.

          5, 6 and 7 are women and allegation is of recovery of 10 litres

          of liquor from possession of Balindra Paswan. It is next

          submitted that informant alleges that petitioners no.2, 3 and 4

          were also apprehended on the spot but with help of their family

          members, the police force was attacked and the apprehended

          accused managed to escape.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that it does not appear

          probable that apprehended accused could have fled from had

          they been apprehended by the police. It is submitted that since

          police got secret information about liquor hence, they came to

          the house of Balindra Paswan from where no liquor was seized

          but then in order to make a false case, it is alleged that 10 litres

          of liquor was recovered from possession of Balindra Paswan.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, are directed to be released on
Patna High Court CR. MISC. No.4141 of 2026(2) dt.29-01-2026
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          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.500/- (Rupees Five Hundred) each with two

          sureties of the like amount each to the satisfaction of learned

          Exclusive Special Excise Court No.-3, Civil Court, East

          Champaran at Motihari in connection with Kesariya P.S. Case

          No.487 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioners shall verify

          the criminal antecedent of the petitioners and in the event, if it is

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioners for the purposes of obtaining

          anticipatory bail had concealed their antecedent before this

          Court, in that event, the present provisional anticipatory bail

          order shall not be confirmed, but if on verification, it is found

          that petitioners are persons with clean antecedent, in that event,

          the provisional anticipatory bail order shall be confirmed

          forthwith.

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

          based on instruction, submits that petitioners undertake to

          deposit an amount of Rs.1500/- each with Advocates’
               Patna High Court CR. MISC. No.4141 of 2026(2) dt.29-01-2026
                                                           4/4




                         Association, Patna High Court within a period of two weeks

                         from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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