Patna High Court
Rambabu PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions of Section 482(2).
Summary
Rambabu Paswan applied for anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 99.6 litres of liquor from an auto and two bags. He asserted that he had no conscious possession of the liquor, was not the owner of the vehicle or bags, and had a clean criminal antecedent. The State opposed the bail, but the court noted the weak evidential basis and the petitioner’s lack of direct involvement. Relying on Section 482(2) of the B.N.S.S., the court granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and a six‑week period for surrender. The order further directed verification of the petitioner’s antecedent, stating that any discovered prior case would lead to cancellation of the bail, whereas a clean record would confirm it.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s lack of possession and clean antecedent justify the grant of anticipatory bail.
- What conditions under Section 482(2) of the B.N.S.S. must be imposed for provisional anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79648 of 2025
Arising Out of PS. Case No.-76 Year-2025 Thana- SUPPI District- Sitamarhi
======================================================
Rambabu Paswan son of Baliram Paswan Resident of Village- Gopalpur, P.S.-
Suppi, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-01-2026 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) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 99.6 litres of liquor from an auto and two bags. It is
next submitted that petitioner was not arrested from the spot, as
such, nothing was recovered from his conscious possession and
is not the owner of the seized auto nor has any relation or
concern with the bags and he came to be implicated at the
instance of local person but the name of the person who
disclosed the name of the petitioner is not disclosed in the FIR
Patna High Court CR. MISC. No.79648 of 2025(2) dt.09-01-2026
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which casts an aspersion on the case of the prosecution.
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 the learned Exclusive
Special Excise Court No.-1, Sitamarhi in connection with Suppi
P.S. Case No.76 of 2025, 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 bonds of the petitioner 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 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
Patna High Court CR. MISC. No.79648 of 2025(2) dt.09-01-2026
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petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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