Patna High Court
Meghu PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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
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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
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