Patna High Court
Kamlesh PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to bond, sureties and verification of antecedents under Section 482(2) CrPC.
Summary
The petitioner, Kamlesh Paswan, was implicated in a case (PS Case No. 98 of 2025) for alleged recovery of 75 litres of liquor from a kiln, invoking Sections 191(2), 190, 115(2), 126(2) and 132 of the Bihar Narcotic Substances Act, 2023 and Sections 30(a) and 30(c) of the Bihar Excise Act. He applied for anticipatory bail, asserting that he has a clean criminal record, was not apprehended at the spot, and that the liquor was recovered from a place not belonging to him, with the complaint allegedly motivated by an inimical relationship with the chowkidar. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.500 with two sureties and conditions under Section 482(2) of the Criminal Procedure Code, pending verification of the petitioner’s antecedent. The order stipulates that if any prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances alleged.
- Whether the petitioner’s clean antecedent and lack of possession at the time of arrest justify granting bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 132, 190, 191(2)
Subjects
- anticipatory bail
- Section 482 CrPC
- Bihar Narcotic Substances Act
- Bihar Excise Act
- clean antecedent
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76476 of 2025
Arising Out of PS. Case No.-98 Year-2025 Thana- OBRA District- Aurangabad
======================================================
Kamlesh Paswan S/o Gorakh Paswan R/o vill - Mahadeva, P.S.- Obra, Dist.-
Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The defect, as pointed out by the office, is hereby
ignored.
3. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
190, 115(2), 126(2) and 132 of the BNS, 2023 read with
Sections 30(a) and 30(c) of the Bihar Excise Act.
4. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 75 liters of liquor from a kiln.
5. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
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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 Chowkidar with whom he is on an
inimical term.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. 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 Trial Court
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 Obra P.S.
Case No. 98 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
8. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.76476 of 2025(2) dt.19-01-2026
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anticipatory bail order shall not be confirmed, but after
verification if 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)
Rishabh/-
U T
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