Patna High Court
Balram Paswan @ Balram Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S. — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
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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
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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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