Patna High Court
Mahesh PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedent.
Summary
Mahesh Paswan was implicated in a case under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of 99 litres of liquor from a vehicle he owned. He contended that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that his driver misused the vehicle. The State opposed his anticipatory bail application. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail‑bond of Rs.500 with two sureties, subject to verification of his criminal antecedent and compliance with Section 482(2) of the B.N.S.S. The order stipulated that if any prior case is found, the bail would be cancelled; otherwise, it would be confirmed. The application for anticipatory bail was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the seizure of liquor from his vehicle.
- Whether the petitioner’s lack of direct possession and clean antecedent justify granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 56(b)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- clean antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91838 of 2025
Arising Out of PS. Case No.-2312 Year-2024 Thana- Excise P.S. District- Patna
======================================================
Mahesh Paswan S/O Chandradip Paswan R/O Village- Imadpur Sultan, PS-
Ganga Bridge, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parmeshwar Vishwakarma, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a) and 56(b) of
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 99 litres of liquor from a vehicle. It is next
submitted that 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
seized vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus,
would create evidence against himself and hence, would get
Patna High Court CR. MISC. No.91838 of 2025(2) dt.13-01-2026
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implicated. It is also submitted that petitioner was completely
unaware that his driver would misuse the vehicle in the manner
as alleged.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Special Judge
Excise-III, Patna in connection with Excise P.S. Case No.2312
of 2024, subject to the conditions laid down under Section
482(2) of the B.N.S.S.
6. The application stands allowed.
7. 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 even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.91838 of 2025(2) dt.13-01-2026
3/3
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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