Created by Fuzzy Cloud

Patna High Court

Meghu PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties and verification of antecedents.

Summary

The petitioner, Meghu Paswan, was implicated in a case alleging recovery of 8.94 litres of liquor from his house, a joint family property, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He asserted a clean criminal record and argued that the liquor was not in his conscious possession and that the caretaker’s failure to inform police cast doubt on the prosecution’s case. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties, and directed the trial court to verify the petitioner’s antecedents before confirming the bail. If any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the facts of joint family ownership of the premises and lack of conscious possession justify granting bail.
  • Whether the trial court can condition confirmation of bail on verification of the petitioner’s criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • possession of liquor
  • joint family property
  • clean antecedent
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.730 of 2026
                 Arising Out of PS. Case No.-274 Year-2025 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Meghu Paswan S/O Naresh Paswan Resident of Village - Suryapur, P.S. -
                 Piprakothi, District - East Champaran

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

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

2   15-01-2026                  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

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 8.940 litres of liquor from house of the petitioner. It

                   is next submitted that petitioner was not arrested from the spot

                   as such nothing was recovered from his conscious possession

                   and the house in question is a joint family property as such it

                   cannot be alleged with certainty that it was 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 at the
Patna High Court CR. MISC. No.730 of 2026(2) dt.15-01-2026
                                            2/3




          instance of chowkidar but then it is submitted that if chowkidar

          was aware of the involvement of the petitioner in the occurrence

          then why he did not inform the police prior to institution of the

          instant FIR which casts an aspersion on the case of the

          prosecution, when petitioner admittedly is a person with clean

          antecedent.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.500/- (Rupees five hundred) 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

          Piprakothi P.S. Case No.274/2025, subject to the conditions as

          laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.730 of 2026(2) dt.15-01-2026
                                                         3/3




                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.