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Patna High Court

Balram Paswan @ Balram Kumar PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Balram Paswan, applied for anticipatory bail anticipating arrest in a case alleging offences under Sections 274 and 275 of the B.N.S. and Section 30(a) of the Excise Act for the alleged recovery of 18 litres of liquor from a paddy field. The petitioner argued that he was not caught in possession, the alleged liquor was recovered from land that does not belong to him, and that the investigation was based on secret information without proper inquiry. The State opposed the bail. The Court, applying Section 438(2) of the Cr.P.C., granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs 5,000 with two sureties and appear before the trial court within six weeks. The order is subject to verification of the petitioner’s criminal antecedent; if more than one prior case is found, the bail will be cancelled, otherwise it will be confirmed. The application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. despite alleged involvement in offences under the B.N.S. and Excise Act.
  • Whether the alleged recovery of liquor from a field not owned by the petitioner negates the basis for arrest.
  • Whether the petitioner’s prior criminal antecedent, if any, affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Criminal Procedure Code
  • B.N.S. Sections 274 275
  • Excise Act Section 30(a)
  • bail conditions
  • criminal antecedent
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91476 of 2025
                  Arising Out of PS. Case No.-176 Year-2025 Thana- GHOGHARDIHA District- Madhubani
                 ======================================================
                 Balram Paswan @ Balram Kumar Paswan Son of Ramesh Paswan Resident
                 of Village- Chikna, P.S.- Ghoghardih, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Md Soban Asghar
                 For the Opposite Party/s :      Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 274 and 275 of the B.N.S. and Section 30(a) of the

                   Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case and allegation is of

                   recovery of 18 litres of liquor from paddy field.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place, which does not belong to the petitioner

                   and he came to be implicated based on secret information,
Patna High Court CR. MISC. No.91476 of 2025(2) dt.12-01-2026
                                            2/3




          which is the easiest way to implicate someone. It is next

          submitted that police in majority of cases implicating innocent

          persons either at the behest of Chaukidar, local person, secret

          information and confessional statement in a mechanical manner

          without holding proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 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.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 Ghoghardiha P. S. Case No.176 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. 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 more than one case, then
               Patna High Court CR. MISC. No.91476 of 2025(2) dt.12-01-2026
                                                           3/3




                         it would be presumed that petitioner for the purposes of

                         obtaining 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 has antecedent of only one case, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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