Patna High Court
Raj Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of antecedents.
Summary
The petitioners, Raj Kumar Paswan and Rajnish Paswan, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Sections 30(a), (c) and (d) of the Excise Act. They argued that they had not been arrested, that no liquor was found in their conscious possession, and that the alleged recovery of liquor occurred at a location not owned by them. The State opposed the bail, contending that the offences were serious and that the petitioners had a prior case under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the filing of bail bonds of Rs.5,000 each with two sureties, and directed verification of the petitioners' criminal antecedents. The order stipulated that if more than one prior case is found, the bail would be withdrawn, whereas confirmation would follow if only one prior case is verified.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for offences punishable under Sections 30(a), (c) and (d) of the Excise Act.
- Whether the absence of arrest and lack of conscious possession justify granting anticipatory bail.
- Whether the petitioners' criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 30(c), 30(d)
Subjects
- anticipatory bail
- Excise Act
- Section 438
- bail conditions
- criminal antecedent
- Section 30
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91295 of 2025
Arising Out of PS. Case No.-310 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
1. Raj Kumar Paswan S/o Late- Vijay Paswan R/o Village- Gehuni, Badia, P.S-
Bhagwanpur, Dist- Begusarai.
2. Rajnish Paswan @ Rajnish Kumar S/o Jasbant Paswan R/o Village- Gehuni,
Badia, P.S- Bhagwanpur, Dist- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 30(a),(c) and (d) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners have antecedent of one case under the Excise Act
and the allegation is of recovery of 80 litres of liquor from
Gehuni Bigha, 07 litres of liquor from possession of Shyam
Paswan and with 2000-3000 litres of jawa mahua which was
destroyed.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.91295 of 2025(2) dt.12-01-2026
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petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and has no concern
with Shyam Paswan and even alleged recovery of 80 litres of
liquor is from a place, which does not belong to the petitioner
and is accessible to villagers at large and he came to be
implicated at the instence of Chaukidar, but then, it is submitted
that if Chaukidar was aware of the involvement of the
petitioners in the occurrence, then why he did not inform the
police prior to institution of the present F.I.R., which casts an
aspersion on the case of the prosecution.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs. 5,000/- (Rupees Five Thousand) each 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.310 of 2025, subject
to the conditions laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.91295 of 2025(2) dt.12-01-2026
3/3
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of more than one
case, then it would be presumed that petitioners for the purposes
of obtaining anticipatory bail had concealed their 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 petitioners have antecedent of one
case only, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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