Patna High Court
Suraj PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to a bail bond, sureties, and verification of antecedent, with revocation if more than two prior cases are discovered.
Summary
The petitioners, Suraj Paswan and Aditya Paswan, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, alleging that the liquor recovered was not in their possession and the location was public. They argued that the investigation relied on secret information without proper inquiry. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 each with two sureties and directed the trial court to verify their criminal antecedents. The order further stipulated that if the petitioners are found to have more than two prior cases, the bail would be revoked, but if only two cases are confirmed, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case under Section 30(a) of the Bihar Excise Act
- Whether the High Court can impose conditions, including verification of criminal antecedent, while granting anticipatory bail
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Bihar Excise Act
- Section 30(a)
- criminal antecedent
- high court jurisdiction
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81414 of 2025
Arising Out of PS. Case No.-327 Year-2025 Thana- NASRIGANJ District- Rohtas
======================================================
1. Suraj Paswan S/o Krishna Ram @ Krishna Paswan Resident of Village-
Hariharganj, PS- Nasriganj, District- Rohtas
2. Aditya @ Mansokh Paswan @ Bhagwan Paswan S/o Lala Babu Paswan @
Lalbabu Ram Resident of Village- Hariharganj, PS- Nasriganj, District-
Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Siddharth Harsh
For the Opposite Party/s : Mr.Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners have antecedent of two case under the Excise Act
and allegation is of recovery of 35 litres of liquor from a place
near a canal and 40 litres of liquor from a place behind a
Mosque.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.81414 of 2025(2) dt.17-01-2026
2/3
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and they came to be
implicated based on secret information which is the easiest way
to implicate someone. It is further submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
10,000/- (Rupees Ten Thousand) each 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
Nasriganj P.S. Case No. 327 of 2025, subject to the conditions as
laid down under Section Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
Patna High Court CR. MISC. No.81414 of 2025(2) dt.17-01-2026
3/3
event if it is found that petitioners have antecedent of more than
two cases then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioners have antecedent of
two cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…