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Patna High Court

Umesh PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, and verification of his antecedent.

Summary

Umesh Paswan applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, where liquor was seized from his residence. The petitioner argued that the liquor was not in his conscious possession, the house is a joint family property, and he was not arrested at the spot, contending that the investigation was insufficient. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.20,000 with two sureties, subject to verification of his criminal antecedent. The order conditions that if more than four prior cases are found, the bail may be revoked; otherwise, the provisional bail will be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. given the alleged seizure of liquor and his prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Excise Act
  • liquor seizure
  • joint family property
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65222 of 2025
                    Arising Out of PS. Case No.-20 Year-2025 Thana- RUDRAPUR District- Madhubani
                 ======================================================
                 Umesh Paswan S/o Ram Lakhan Paswan @ Lakhan Paswan R/o Village-
                 Barsara, PS- Rudrapur, District- Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Jitendra Kumar Bharti
                 For the Opposite Party/s :      Mr.Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 274 and 275 of the B.N.S. and Section 30(a) of the

                   Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of four cases under the Excise Act

                   as would manifest from the supplementary affidavit and

                   allegation is of recovery of 06 litres of liquor from house of the

                   petitioner along with 500 litres of litres semi-manufactured raw

                   liquor, which was destroyed at the spot.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.65222 of 2025(3) dt.07-01-2026
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          recovered from his conscious possession and even the house in

          question is a joint family property and thus, it cannot be alleged

          with certainty that it was the petitioner, who had kept the liquor

          in the house or the liquor kept in the house was within his

          knowledge and he came to be implicated based on secret

          information, which is the easiest way to implicate someone

          without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.20,000/- (Rupees Twenty 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 Rudrapur P. S. Case No.20 of 2025, subject to

          the conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify
               Patna High Court CR. MISC. No.65222 of 2025(3) dt.07-01-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than four cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of four cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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