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Patna High Court

Abdhesh PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The order stipulated that if any antecedent is discovered, the bail may be withdrawn; otherwise, it will be confirmed.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

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
Patna High Court CR. MISC. No.77259 of 2025(3) dt.31-01-2026
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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
               Patna High Court CR. MISC. No.77259 of 2025(3) dt.31-01-2026
                                                           3/3




                         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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