Patna High Court
Akash Paswan @ Akash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, subject to bond conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Akash Paswan, applied for anticipatory bail in a case alleging offences under several sections of the Bihar Narcotic Substances Act and the Excise Act, stemming from an incident where the informant claimed he, along with his father Sanjit Paswan, assaulted her. The petitioner argued that he was falsely implicated because he was not intoxicated and was targeted only as the son of Sanjit Paswan. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.10,000 bond with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the alleged offences.
- Whether the petitioner’s alleged false implication and lack of intoxication affect the bail decision.
- Whether the petitioner’s criminal antecedent warrants denial of anticipatory bail under Section 482(2) of the BNSS.
Legislation cited
- Bihar Narcotic Substances Act — s. 115(2), 126(2), 3(5), 351(2), 351(3), 352, 482(2), 76
- Excise Act — s. 37
Subjects
- anticipatory bail
- false implication
- criminal antecedent
- intoxication
- Section 482
- Bihar Narcotic Substances Act
- Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91483 of 2025
Arising Out of PS. Case No.-575 Year-2025 Thana- KOTWALI District- Patna
======================================================
Akash Paswan @ Akash Kumar S/O Sanjeet Paswan @ Chamanni R/O
Mohalla-Kamla Nehru Nagar, PS-Kotwali, Distt-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pranaya Shankar Sinha
For the Opposite Party/s : Mr.Ram Bilash Roy Raman
======================================================
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 115(2), 126(2), 76, 352, 351(2), 351(3), 3(5) of the
B.N.S. and Section 37 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases and the informant
alleges that on 27.09.2025 at 8.30 P.M., she was returning home
after closing her vegetable shop, when Sanjit Paswan in an
intoxicated condition came and started abusing her thereafter
petitioner also arrived and kicked her in her stomach.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.91483 of 2025(2) dt.12-01-2026
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informant. It is next submitted that the informant does not allege
that petitioner also was in an intoxicated condition rather
petitioner has been implicated merely for the reason that he is
son of Sanjit Paswan. It is further submitted that petitioner and
the informant are agnates.
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.10,000/- (Rupees Ten 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 Special Case No.1522 of 2025 arising out of Kotwali P. S.
Case No.575 of 2025, subject to the conditions laid down under
Section 482(2) of the BNSS.
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
Patna High Court CR. MISC. No.91483 of 2025(2) dt.12-01-2026
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found that petitioner has antecedent of more than two cases,
then 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 two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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