Patna High Court
Raja Kumar Paswan @ Raj Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to bond and antecedent verification.
Summary
Petitioner Raja Kumar Paswan applied for anticipatory bail fearing arrest in a case under Sections 30(a) and 45 of the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 30 litres of liquor from another shop. He asserted a clean criminal record, no possession of the liquor, and no connection with the shop owner. The State opposed the bail. The High Court, after hearing both sides, 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 antecedent under Section 482(2) of the B.N.S.S. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances.
- Whether the petitioner’s claim of a clean antecedent justifies granting bail.
- Whether conditions under Section 482(2) of the B.N.S.S. can be imposed on anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- bail bond
- clean antecedent
- Bihar Prohibition and Excise Act
- Section 482(2)
- criminal procedure
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91879 of 2025
Arising Out of PS. Case No.-62 Year-2025 Thana- SUGAULI District- East Champaran
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Raja Kumar Paswan @ Raj Kumar Paswan S/O Jhaman Paswan @ Jhaman
Hajra R/o Village- Panjiarwa, P.S.- Sugauli, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar II, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, 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 45 of Bihar
Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 30 litres of liquor from shop of Sanjay Paswan. It is
next submitted that petitioner was not arrested from the spot, as
such, nothing was recovered from his conscious possession and
even alleged recovery is from shop of Sanjay Paswan with
whom petitioner has no relation or concern and he came to be
implicated at the instance of Chowkidar but then it is submitted
that if Chowkidar was aware of the involvement of the
Patna High Court CR. MISC. No.91879 of 2025(2) dt.13-01-2026
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petitioner in the occurrence then why he did not inform the
police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution moreso when petitioner
admittedly is a person with clean antecedent.
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 Court No.-1, East Champaran at Motihari in connection
with Sugauli P.S. Case No.62 of 2025, 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 bond 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
Patna High Court CR. MISC. No.91879 of 2025(2) dt.13-01-2026
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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 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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