Patna High Court
Anil PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent and compliance with the stipulated bond and surety requirements.
Summary
The petitioner, Anil Paswan, feared arrest in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act read with Section 30(a) of the Bihar Excise Act, alleging that 20 litres of liquor were recovered from his motorcycle. He argued that he was not in possession of the liquor, that the vehicle belonged to him, and that he was unaware his relative Sajan had misused it. The petitioner sought anticipatory bail, while the State opposed the relief. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The order further directed the trial court to verify the petitioner’s criminal antecedent and conditionally confirm the bail if only one prior case is found, otherwise the bail would not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the applicable provisions given the alleged offences under the Bihar Narcotic Substances Act and Bihar Excise Act.
- Whether ownership of the vehicle, without actual possession of the contraband, suffices to justify denial of anticipatory bail.
- Whether the petitioner’s prior criminal antecedent, if more than one case, should preclude confirmation of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
Subjects
- anticipatory bail
- Bihar Narcotic Substances Act
- Bihar Excise Act
- liquor seizure
- vehicle ownership
- criminal antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42138 of 2026
Arising Out of PS. Case No.-157 Year-2025 Thana- SAKRI District- Madhubani
======================================================
Anil Paswan S/O Satan Paswan Resident of Village- Subas Kunay, P.S.
Gayghat, District Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha
For the Opposite Party/s : Mr. Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 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 read with Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 20 liters of liquor from a motorcycle.
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 he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.42138 of 2026(2) dt.30-06-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his relative, Sajan, would misuse the vehicle in the manner as
alleged who was also apprehended from the spot along with
Mithilesh.
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.
5000/- (Rupees Five Thousand) 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 Sakri P.S.
Case No. 157 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 more
than one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.42138 of 2026(2) dt.30-06-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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