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Patna High Court

Arvind Paswan @ Arvind KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedents.

Summary

Arvind Paswan sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 113.70 litres of liquor in his cowshed. He argued that the liquor was not in his immediate possession, the cowshed was accessible to villagers, and the case was based on secret information without proper investigation. The State opposed the bail, citing his five prior excise cases. The Court granted provisional anticipatory bail under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, requiring a bail bond of Rs.25,000 with two sureties and a deposit of Rs.7,500 with the Advocate Association. The order conditioned confirmation of bail on verification of his criminal antecedent, stating that if more than five prior cases are found, the bail would not be confirmed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 Cr.P.C. in a case of alleged liquor possession under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s prior five excise cases affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • liquor possession
  • Section 30
  • Section 438
  • criminal antecedent
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5565 of 2026
                     Arising Out of PS. Case No.-763 Year-2025 Thana- SITAMARHI District- Sitamarhi
                 ======================================================
                 Arvind Paswan @ Arvind Kumar S/o Satyanarayan Paswan @ Satan Paswan
                 R/o Village- Bariyarpur, Ward No.37, P.S- Sitamarhi, Dist- Sitamarhi, Bihar.
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Zaki Haider, Advocate
                 For the Opposite Party/s :        Mr. Rabindra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  1. Heard learned counsel for the petitioner and Mr.

                   Rabindra Kumar, 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

                   cowshed of the petitioner.

                                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 cowshed is a place

                   outside the house and, thus, is accessible to villagers at large. It

                   is further submitted that no prudent person would use his own

                   premises for committing an occurrence and, thus, would create
Patna High Court CR. MISC. No.5565 of 2026(2) dt.03-02-2026
                                            2/3




          evidence against himself and hence would get implicated. It is

          next submitted that petitioner came to be implicated based on

          the secret information which is the easiest way to implicate

          someone. It is also 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.

                       5. Mr. Rabindra Kumar, 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.5565 of 2026(2) dt.03-02-2026
                                                       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.7,500/- with the Advocate Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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