Patna High Court
Kamdev PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail with conditions, pending verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Kamdev Paswan, applied for anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 50 litres of spirit were recovered from a motorcycle he owned. He contended that he was not in possession of the contraband, that the vehicle was misused by a friend without his knowledge, and that ownership alone should not constitute guilt. The State opposed the bail, arguing that the offence warranted denial of anticipatory relief. The Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and subject to verification of the petitioner’s criminal antecedents. It further directed that if more than one antecedent case is found, the bail would not be confirmed, whereas confirmation would follow if only one antecedent is verified. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether mere ownership of a vehicle used in the alleged offence is sufficient to deny anticipatory bail.
- How the petitioner’s criminal antecedents affect the confirmation of provisional anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- vehicle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48325 of 2026
Arising Out of PS. Case No.-162 Year-2026 Thana- OBRA District- Aurangabad
======================================================
Kamdev Paswan Son of late Rampati Ram Resident of village- Ratvar, PS-
Obra, Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Anand, Advocate
For the Opposite Party/s : Ms. Asha Devi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 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 the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 50 litres of
spirit 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. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is further submitted that no
prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.48325 of 2026(2) dt.10-07-2026
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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 appearing on behalf of the petitioner, let 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.10,000/-
(Rupees Ten Thousand) 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 Obra P.S. Case
No. 162 of 2026, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than one
case, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.48325 of 2026(2) dt.10-07-2026
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shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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