Patna High Court

Mahanand PaswanversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.

Summary

Mahanand Paswan, the owner of a motorcycle from which 99 litres of liquor were recovered, feared arrest under Section 30(a) of the Bihar Excise Act. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that a friend misused his vehicle. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and sureties, and that the trial court verify his criminal antecedent within six weeks. If any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
Whether ownership of the vehicle from which liquor was recovered suffices to justify arrest.
Whether the petitioner’s clean antecedent is a condition for confirming anticipatory bail.

Legislation cited

Bihar Negotiable Securities Act (BNSS) — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
vehicle ownership
clean antecedent
Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91048 of 2025
                       Arising Out of PS. Case No.-47 Year-2025 Thana- BHIMPUR District- Supaul
                 ======================================================
                 Mahanand Paswan Son of Bhajan Paswan Resident of Village- Bhawanipur
                 (ward no. 5), P.S.- Fulkaha, District- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arun Kumar Jha
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026               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 is a person with clean antecedent and allegation is of

                   recovery of 99 litres of liquor from a motorcycle.

                             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 he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.91048 of 2025(2) dt.12-01-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his friend would misuse the vehicle in the manner as

          alleged, who fled from the place of occurrence.

                   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 Bhimpur

          P.S. Case No. 47 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

          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
              Patna High Court CR. MISC. No.91048 of 2025(2) dt.12-01-2026
                                                          3/3




                        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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