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Patna High Court

Sudhir PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to bail bond, sureties, and verification of antecedent.

Summary

Sudhir Paswan sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of 24 litres of liquor from a public place. He argued that the liquor was not in his possession, the location did not belong to him, and the complainant (the chowkidar) failed to inform police earlier, casting doubt on the prosecution's case. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.5,000 bail bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedent within six weeks. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the provisional bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
  • Whether the circumstances justify granting provisional anticipatory bail pending verification of criminal antecedent.

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • public place
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89253 of 2025
                       Arising Out of PS. Case No.-406 Year-2025 Thana- ALOULI District- Khagaria
                 ======================================================
                 Sudhir Paswan S/o Late Wakil Paswan R/o Village - Rampur, Alauli Ward No.
                 6, P.S - Alauli, District - Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Santosh Kumar Singh
                 For the Opposite Party/s :        Mr.Md. Ataur Rahman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   21-01-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 24 litres of liquor from two places as

                   disclosed in the FIR.

                             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 belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.89253 of 2025(3) dt.21-01-2026
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          at the instance of Chowkidar 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. 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 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. 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 Alauli P.S. Case No.

          406 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
              Patna High Court CR. MISC. No.89253 of 2025(3) dt.21-01-2026
                                                          3/3




                        event if it is found that petitioner has antecedent of more than one

                        case then it would be presumed that petitioner, for the purposes of

                        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 has

                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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