Patna High Court
JITENDRA PASWANversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedents.
Summary
The petitioner, Jitendra Paswan, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 98 litres of liquor from his motorcycle. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and that his nephew had misused the vehicle without his knowledge. The State opposed the bail application. The High Court, considering the submissions, granted provisional anticipatory bail on the condition of a Rs.500 bond with two sureties and subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the CrPC. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioner’s lack of possession and clean antecedent justify granting anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act, 2016/2018/2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
- clean antecedent
- possession
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46360 of 2026
Arising Out of PS. Case No.-210 Year-2026 Thana- Excise P.S. District- Darbhanga
======================================================
JITENDRA PASWAN S/O Ram Prakash Paswan Resident of Village-
Hichhaul, Ward No.08, Police Station- Ashok Paper Mill, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2016/2018/2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 98 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits 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 would
Patna High Court CR. MISC. No.46360 of 2026(2) dt.14-07-2026
2/3
create evidence against himself and hence would get implicated.
It is also submitted that the petitioner was completely unaware
that his nephew Pappi would misuse his vehicle in the manner
as alleged who was also apprehended 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 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 Excise Sadar P.S. Case No.210 of 2026, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
7. 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.46360 of 2026(2) dt.14-07-2026
3/3
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/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.