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Patna High Court

Sanjay PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent, with the bail to be confirmed if no prior criminal record is found.

Summary

The petitioner, Sanjay Paswan, applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged recovery of 128.5 litres of liquor from two motorcycles, one of which he owned. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that another individual, Abhiram Kumar, misused his vehicle. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a Rs.500 bail bond with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would be revoked; otherwise, it would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged involvement in an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether ownership of the vehicle used in the alleged offence suffices to implicate the petitioner.
  • Whether the petitioner’s clean antecedent is a requisite condition for confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89037 of 2025
                      Arising Out of PS. Case No.-140 Year-2025 Thana- MOHANPUR District- Gaya
                 ======================================================
                 Sanjay Paswan son of Nagina Paswan Resident of village- Mohanpur PS,
                 District -Gaya

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Priyadarshi Pankaj Raj Anand, Advocate
                 For the Opposite Party/s :      Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  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 (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 128.500 litres of liquor from two different

                   motorcycles. It is next submitted that petitioner was not arrested

                   from the spot, as such, nothing was recovered from his

                   conscious possession and he came to be implicated based on the

                   fact that he is owner of one of the seized vehicles. It is next

                   submitted that no prudent person would use his own vehicle for

                   committing an occurrence and thus, would create evidence
Patna High Court CR. MISC. No.89037 of 2025(2) dt.05-01-2026
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          against himself and hence, would get implicated. It is also

          submitted that petitioner was completely unaware that Abhiram

          Kumar would misuse the vehicle in the manner as alleged who

          was also apprehended from the spot.

                       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-bonds 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.-5, Gaya in connection with Mohanpur

          P.S. Case No.140 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
               Patna High Court CR. MISC. No.89037 of 2025(2) dt.05-01-2026
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                         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 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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