Patna High Court
Pucho Paswan @ Fucho PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s antecedent.
Summary
Petitioner Pucho Paswan applied for anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging recovery of 60 litres of liquor from a straw house on his premises. He argued that he has a clean antecedent, was not arrested, and that the liquor was not in his conscious possession, suggesting the allegation was fabricated by an inimical party. The State opposed the bail. The High Court, considering the petitioner's clean record and lack of arrest, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed verification of his antecedent by the trial court. The order stipulated that if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 where the accused was not arrested and claims a clean antecedent.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- prohibition act
- liquor seizure
- clean antecedent
- provisional bail
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.419 of 2026
Arising Out of PS. Case No.-406 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Pucho Paswan @ Fucho Paswan S/O Late Jageswar Paswan Resident of
Village- Deshri Karrakh, P.O.- Sakhmohan, P.S.- Bibhutipur, Dist.-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 60 litres of liquor from straw house of the petitioner.
It is next submitted that petitioner was not arrested from the
spot, as such, nothing was recovered from his conscious
possession and straw house is at place outside the house and
thus, is accessible to villagers at large. It is further submitted
that no prudent person would use his own premises for
Patna High Court CR. MISC. No.419 of 2026(2) dt.15-01-2026
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committing an occurrence and thus, would create evidence
against himself and thus, would get implicated. It is also
submitted that it appears that someone inimical to the family
concealed meagre amount of liquor with an intent to implicate
the entire family members and the name of the petitioner was
divulged by the Chowkidar but then it is submitted that if
Chowkidar was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution, when petitioner admittedly is a person
with clean antecedent.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Judge, Excise-I, Samastipur in connection with Bibhutipur P.S.
Case No.406 of 2025, subject to the conditions laid down under
Patna High Court CR. MISC. No.419 of 2026(2) dt.15-01-2026
3/3
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 bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his 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
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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