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Patna High Court

Rambabu Paswan @ Rambabu PasawanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedent.

Summary

The petitioner, Rambabu Paswan, was implicated in a case (PS Case No. 326 of 2025) for alleged recovery of 123 litres of liquor from two motorcycles, under Section 317(5) of the BNS, 2023 and Section 30(a) of the Bihar Excise Act. He argued that he had no prior criminal record, that the liquor was not found in his possession, and that he was unaware his friend misused his vehicle. The State opposed his request for anticipatory bail. The Court, considering the petitioner's clean antecedent and the circumstances of the alleged offence, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of his antecedent by the trial court. The order stipulated that if any antecedent is discovered, the bail would be cancelled; otherwise, it would be confirmed. The decision was pronounced by Justice Satyavrat Verma.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in view of the alleged offences under Section 317(5) of the BNS, 2023 and Section 30(a) of the Bihar Excise Act

Legislation cited

Subjects

  • anticipatory bail
  • Section 317
  • Excise law
  • vehicle seizure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42541 of 2026
                    Arising Out of PS. Case No.-326 Year-2025 Thana- MAJORGANJ District- Sitamarhi
                 ======================================================
                 Rambabu Paswan @ Rambabu Pasawan S/O Shatrudhan Paswan @
                 Shatrudhan Pasawan Resident of Village- Bishanapur, P.S.- Majorganj,
                 District- Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026                  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 Section 317(5) of

                   the BNS, 2023 read with Section 30(a) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 123 liters of liquor from two motorcycles.

                                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 one of the

                   seized vehicles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.42541 of 2026(2) dt.01-07-2026
                                            2/3




          would use his own vehicle for committing an occurrence and

          thus would create evidence against himself and hence would get

          implicated, it is also submitted that petitioner was completely

          unaware that his friend would misuse the vehicle in the manner

          as alleged who also fled from the spot.

                       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.

          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

          Majorganj P.S. Case No. 326 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 even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
            Patna High Court CR. MISC. No.42541 of 2026(2) dt.01-07-2026
                                                        3/3




                      confirmed, but after verification if 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)
Rishabh/-

U      T


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