Patna High Court
Deepak Kumar @ Deepak PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted, subject to verification of the petitioner’s criminal antecedent, with the order to be confirmed only if no more than one prior case is found.
Summary
The petitioner, Deepak Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 2,517.120 litres of liquor from a truck and two pick‑up vehicles. He contended that he was not in possession of the seized liquor, did not own the vehicles, and was implicated only on the basis of a watchman’s statement without proper investigation. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs 5,000 and two sureties, and directed verification of the petitioner’s criminal antecedent. It held that if more than one antecedent case is found, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in view of alleged offences under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the circumstances of non‑possession of the seized liquor and lack of ownership of the vehicles justify granting bail.
- Whether the existence of prior criminal antecedents should affect the confirmation of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87350 of 2025
Arising Out of PS. Case No.-1410 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Deepak Kumar @ Deepak Paswan Son of Lal Babu Paswan @ Lalbabu
Paswan Resident of Village - Mohammadpur, P.S. - Ahiyapur, Dist. -
Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sagar Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a),
41(1) and 41(2) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 2517.120 litres of liquor from a
truck and two different pick-up vehicles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of any of the seized vehicles and
Patna High Court CR. MISC. No.87350 of 2025(3) dt.20-01-2026
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came to be implicated at the instance of the Chawkidar with
home the petitioner is on an inimical term. It is next submitted
that if the Chawkidar was aware of the involvement of the
petitioner in the occurrence then why he did not inform the
police prior to the institution of the instant FIR which casts an
aspersion on the case of the prosecution. It is also submitted that
once an accused is implicated in a case relating to excise the
police start implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his 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.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 Ahiyapur
P.S. Case No. 1410 of 2025, subject to the conditions as laid
down under Section 438 (2) of the Cr.P.C./482(2) of the BNSS.
Patna High Court CR. MISC. No.87350 of 2025(3) dt.20-01-2026
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7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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