Patna High Court
Abdhesh PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted where the petitioner lacks direct possession of the alleged contraband and asserts a clean antecedent, subject to verification under Section 482(2) of the B.N.S.S.
Summary
Petitioner Abdhesh Paswan sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act for allegedly recovering 15 litres of liquor and 100 kg of Mahua flower from two motorcycles. He argued that he had no direct possession of the contraband, that he was merely the owner of one of the seized vehicles, and that he was unaware of its misuse by another individual, Amarjeet Kumar. The State opposed the bail, contending that the allegations warranted arrest. The Court examined the petitioner's claim of a clean antecedent and the lack of possession, and, invoking Section 482(2) of the B.N.S.S., granted provisional anticipatory bail subject to a bail bond, sureties, and verification of his criminal record. The order stipulated that if any antecedent is discovered, the bail may be withdrawn; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act and Section 482(2) of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 482
- possession
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77259 of 2025
Arising Out of PS. Case No.-525 Year-2019 Thana- SHERGHATI District- Gaya
======================================================
Abdhesh Paswan S/O Jatun Paswan @ Jathun Paswan R/O Village- Dakain
Chhattu Badh, P.S.- Chakand, District- Gaya Jee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate
Ms. Kainat Akhtar, Advocate
Mr. Ashutosh Kumar Mishra, Advocate
Ms. Wajeeha Jafri, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 31-01-2026 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) and 30(d) of
Bihar Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 15 litres of liquor along with 100 Kgs. of Mahua
flower from two different motorcycles. It is next submitted that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of one of the
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seized vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus,
would create evidence against himself and hence, would get
implicated. It is also submitted that petitioner was completely
unaware that Amarjeet Kumar would misuse the vehicle in the
manner as alleged, who was also apprehended from the spot.
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.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Special Excise
Judge-5, Gaya Jee in connection with Sherghati P.S. Case
No.525 of 2019, 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
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
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found that petitioner has antecedent of even one case, 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 is a person with clean antecedent, 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.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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