Patna High Court
Pintu Paswan @ Raj Kishore PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to conditions and verification of the petitioner’s antecedent.
Summary
Petitioner Pintu Paswan sought anticipatory bail after an FIR was lodged under Sections 30(a) and 30(d) of the Bihar Excise Act alleging recovery of 30 litres of liquor and destruction of 1500 litres of semi‑fermented mahua. The petitioner claimed a clean antecedent, argued that no arrest was made, no liquor was found in his possession, and that the alleged incident occurred in a public area. He further contended that the complainant (the chowkidar) had a hostile relationship with him and failed to inform police earlier, casting doubt on the prosecution’s case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed verification of the petitioner’s antecedent, with confirmation of bail if no prior case is found.
Issues considered
- Whether anticipatory bail should be granted in a case under Sections 30(a) and 30(d) of the Bihar Excise Act.
- Whether the absence of arrest, lack of possession of the alleged contraband, and the petitioner’s clean antecedent justify granting anticipatory bail.
- Whether the prosecution’s evidence, particularly the role of the chowkidar, is sufficient to deny bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88938 of 2025
Arising Out of PS. Case No.-235 Year-2025 Thana- BHAGWANPUR District- Kaimur
(Bhabua)
======================================================
Pintu Paswan @ Raj Kishore Paswan S/O Lal Bihari Paswan Resident of
Village- Tori, P.S- Bhagwanpur, Distt.- Kaimur at Bhabhua.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivjee Singh
For the Opposite Party/s : Mr.Md. Ataur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 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) and
30(D) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 30 litres of liquor from a place near bank of river
and 1500 litres semi-fermented mahua was destroyed.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belongs to the
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petitioner and is accessible to public at large and he came to be
implicated at the instance of Chowkidar with whom he is on an
inimical term but then it is submitted that if the Chowkidar was
aware about the involvement of the petitioner in the occurrence,
then why he did not inform the police prior to institution of the
instant FIR, which casts an aspersion on the case of the
prosecution.
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, 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.
500/- (Rupees Five Hundred) 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
Bhagwanpur P.S. Case No. 235 of 2025 subject to the conditions
as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
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
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seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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