Patna High Court
SANTOSH PASWANversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions, with confirmation contingent upon verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Santosh Paswan, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of five litres of liquor from a location adjacent to his house. The petitioner argued that the liquor was not found in his conscious possession, that the recovery site did not belong to him, and that the complainant (the chaukidar) failed to inform police earlier, casting doubt on the prosecution’s case. The State opposed the anticipatory bail, citing the petitioner’s antecedent criminal case. The Court considered the submissions, the nature of the alleged offence, and the petitioner’s single prior case, and directed that provisional anticipatory bail be granted subject to a bail bond of Rs.5,000 with two sureties and verification of the antecedent. The order further stipulated that if verification reveals more than one prior case, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. Consequently, the application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC to a person alleged to have committed an offence under Section 30(a) of the Excise Act.
- Whether the existence of a prior criminal case affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79091 of 2025
Arising Out of PS. Case No.-306 Year-2025 Thana- NOKHA District- Rohtas
======================================================
SANTOSH PASWAN S/o Mukhelal Paswan @ Mukhlal Paswan Resident of
Village- Nokha, Ward No.21, Police Station- Nokha, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghunandan Kumar Singh
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The learned counsel for the petitioner submits that
the defects as pointed out by the office stands removed.
3. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
4. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case as would manifest from
the supplementary affidavit and allegation is of recovery of 05
litres of liquor from a place near the house of the petitioner.
5. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.79091 of 2025(2) dt.20-01-2026
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recovery is from a place, which does not belong to the
petitioner, but then, is adjacent to his house and he came to be
implicated at the instance of Chaukidar, but then, it is further
submitted that if Chaukidar was aware of the involvement of the
petitioner in the occurrence, then why he did not inform the
police prior to institution of the present F.I.R., which casts an
aspersion on the case of the prosecution.
6. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.5,000/- (Rupees Five Thousand) 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 Nokha P. S. Case No.306 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
8. The application stands allowed.
9. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.79091 of 2025(2) dt.20-01-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than 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 has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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