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Patna High Court

Chunnu Paswan @ Chunnu KumarversusThe 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, Chunnu Paswan, sought 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 recovery of 113.70 litres of liquor from a cattle shed belonging to another person. He argued that he had no possession of the liquor, no connection to the premises, and was implicated solely on secret information, also noting his five prior excise cases. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a Rs.25,000 bond with two sureties, compliance with Section 438(2) Cr.P.C. and Section 482(2) of the BNSS, and a verification of his criminal antecedent within six weeks. The order further required the petitioner to deposit Rs.5,000 with the High Court Legal Services Committee. If the trial court finds more than five prior cases, the bail will not be confirmed; otherwise it will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in the pending excise case
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • secret information
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • CrPC Section 438
  • CrPC Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4932 of 2026
                     Arising Out of PS. Case No.-763 Year-2025 Thana- SITAMARHI District- Sitamarhi
                 ======================================================
                 Chunnu Paswan @ Chunnu Kumar S/O Jhappsi Paswan R/O Vill.-
                 Bariyarpur, ward no.37, P.S- Sitamarhi, Dist- Sitamarhi
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Zaki Haider, Advocate
                 For the Opposite Party/s :        Ms. Indu Kumari Srivastava, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  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 five cases under the Excise Act and

                   allegation is of recovery of 113.70 litres of liquor from the cattle

                   shed of Arvind Paswan.

                                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 even the alleged

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

                   and petitioner has no concern or relation with Arvind Paswan. It

                   is further submitted that petitioner came to be implicated based
Patna High Court CR. MISC. No.4932 of 2026(2) dt.02-02-2026
                                            2/3




          on the secret information which is the easiest way to implicate

          someone. It is next submitted that once an accused is implicated

          in a case relating to excise the police start implicating

          mechanically either at the instance of the Chawkidar, local

          person, confessional statement or secret information without

          holding a proper investigation of the case. It is also submitted

          that petitioner in similar manner also came to be implicated

          earlier.

                       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, let 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.25,000/- (Rupees Twenty-five 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 Sitamarhi P.S. Case No. 763 of 2025, subject to the

          conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the BNSS.

                       7. It is made clear that thereafter the learned trial
           Patna High Court CR. MISC. No.4932 of 2026(2) dt.02-02-2026
                                                       3/3




                     court shall verify the criminal antecedent of the petitioner and if

                     it is found that petitioner has antecedent of more than five cases,

                     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

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only five cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.5,000/- with the High Court Legal

                     Services Committee, Patna within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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