Patna High Court
Vikki PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S. — s. 274, 275
- B.N.S.S. — s. 482(2)
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
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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
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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’
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Association, Patna High Court within a period of two weeks
from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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