Patna High Court
AKASH PASWANversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail, subject to conditions and verification of the petitioner's antecedents.
Summary
The petitioner, Akash Paswan, sought anticipatory bail after liquor amounting to 33.48 litres was recovered from a motorcycle he owned, though the liquor was not in his immediate possession and the alleged offender fled the scene. He argued that he had a clean antecedent and that ownership of the vehicle alone should not implicate him. The State opposed the bail, contending that the seizure indicated involvement. The Court considered the lack of direct possession, the petitioner's clean record, and the principle that mere ownership does not constitute culpability, and therefore granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of antecedents by the trial court. If any prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the liquor seizure.
- Whether ownership of the vehicle used in the alleged offence suffices to deny bail.
Legislation cited
- Bihar Negotiable Securities Act (B.N.S.S.) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32(i), 32(ii), 41(i), 41(ii)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 482 CrPC
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42487 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Akash Paswan S/O Pujan Paswan @ Shivpoojan R/O Village- Patesar, P.S.-
Chand, District- Kaimur At Bhabua
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan
For the Opposite Party/s : Ms. Anita Kumari
======================================================
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 offence punishable under Sections 30(a) , 32(i)
(ii), 41(i) and (ii) of Bihar Prohibition and Excise (Amendment)
Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 33.48 litres of liquor from a motorcycle. It is next
submitted that petitioner was not arrested 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
Patna High Court CR. MISC. No.42487 of 2026(2) dt.30-06-2026
2/3
would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that his friend would misuse his vehicle in
the manner as alleged who also fled from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his 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) 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 Bhabua Excise P.S. Case No.48/2026, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.42487 of 2026(2) dt.30-06-2026
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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)
amit/-
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