Created by Fuzzy Cloud

Patna High Court

Vikash Paswan @ Vikas Paswan @ Vikash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions imposed under Section 482(2) of the CrPC.

Summary

Vikash Paswan was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly concealing 90 litres of liquor under husk. He applied for anticipatory bail, asserting a clean criminal record and arguing that the alleged seizure occurred at a location not belonging to him and that no liquor was found in his possession. The State opposed the bail. The Patna High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed verification of the petitioner’s antecedent within six weeks. The court stipulated that if any prior case is discovered, the bail would not be confirmed, whereas a clean antecedent would lead to immediate confirmation of the bail.

Issues considered

  • What is the appropriateness of granting anticipatory bail in a case under Section 30(a) of the Bihar Excise Act?
  • Whether the petitioner’s clean antecedent and lack of possession of the alleged liquor justify anticipatory bail?
  • Whether the conditions imposed under Section 482(2) of the CrPC are proper for provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • clean antecedent
  • provisional bail
  • Section 30(a) Bihar Excise Act
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46327 of 2026
                      Arising Out of PS. Case No.-115 Year-2026 Thana- RISIYAP District- Aurangabad
                 ======================================================
                 Vikash Paswan @ Vikas Paswan @ Vikash Kumar S/O Chandrama Paswan
                 R/O Village- Banahi, P.S.- Risiup, Distt.- Aurangabad, Bihar. Permanent
                 Address- R/O Village- Mauar Khaira, P.O.- Itahat, P.S.- Barun, Distt.-
                 Aurangabad- 824102, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Kumari Chandna
                 For the Opposite Party/s :        Mr. Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-07-2026                  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 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 90 liters of liquor concealed under husk.

                                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 even alleged

                   recovery is from a place which does not belong to the petitioner

                   and he came to be implicated based on secret information which
Patna High Court CR. MISC. No.46327 of 2026(2) dt.14-07-2026
                                            2/3




          is the easiest way to implicate someone without holding a

          proper investigation, when petitioner admittedly is a person with

          clean antecedent.

                       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 Risiyap

          P.S. Case No. 115 of 2026 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 confirmed, but after
            Patna High Court CR. MISC. No.46327 of 2026(2) dt.14-07-2026
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.