Patna High Court
Vikash Paswan @ Vikas Paswan @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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
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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
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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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