Patna High Court
Shankar PaswanversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s criminal antecedents and compliance with the stipulated bond and surety conditions.
Summary
The petitioner, Shankar Paswan, applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that the alleged seizure of liquor and a pistol was not from his possession and that the investigation was mechanically driven. He has four prior criminal cases, three under the Excise Act, and had already secured bail in a separate FIR under the Arms Act. The High Court, after hearing both sides, directed that he be released on provisional anticipatory bail upon furnishing a bail‑bond of Rs 20,000 with two sureties, subject to verification of his antecedents under Section 482(2) of the CrPC. The order also stipulated that if more than four prior cases are found, the bail would not be confirmed. The petitioner further undertook to deposit Rs 7,500 with the Advocates’ Association, Patna High Court. The application was allowed, granting provisional anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner’s prior criminal antecedents disqualify him from obtaining anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the CrPC are valid for provisional anticipatory bail.
Legislation cited
- Arms Act, 1959
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- Section 30
- Criminal Procedure Code
- Section 482
- prior criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6649 of 2026
Arising Out of PS. Case No.-554 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
Shankar Paswan S/O Balmiki Paswan R/O Vill.- Rasanpur, P.S.- Warisaliganj,
District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of four cases, out of which, three
cases are under the Excise Act and allegation is of recovery of
30 litres of liquor along with a country made pistol from a
paddy field. It is next submitted that petitioner was not arrested
from the spot, as such, nothing was recovered from his
conscious possession and even alleged recovery is from a place
which does not belong to the petitioner and is accessible to
villagers at large and he came to be implicated at the instance of
Patna High Court CR. MISC. No.6649 of 2026(2) dt.04-02-2026
2/3
Chowkidar with whom he is on an inimical term. It is also
submitted that the police instituted a separate FIR under the
Arms Act in which the petitioner has been granted the privilege
of bail. It is also submitted that once an accused is implicated in
a case relating to excise, the police starts implicating
mechanically either at the instance of Chowkidar, local person,
confessional statement or secret information without holding a
proper investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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-bond in the
sum of Rs.20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of learned
Court of Exclusive Special Judge, Excise-2, Nawadah in
connection with Warisaliganj P.S. Case No.554 of 2025, subject
to the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.6649 of 2026(2) dt.04-02-2026
3/3
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents 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 antecedents of only four 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 Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
Checking your session…