Bigan Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Bigan Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: release on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, upon arrest or surrender before the Court below within four weeks, subject to Section 438(2) CrPC / Section 482(2) BNSS 2023 conditions, co-operation in investigation/trial, and verification of criminal antecedent with cancellation of bail bond if concealment is found.

Issue for consideration

Whether the petitioner, apprehending arrest in Kutumba P.S. Case No.145 of 2024 for offences under Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Act, 2016, should be granted anticipatory bail. +1 more

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within four weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the District and Additional Sessions Judge-cum-Exclusive Special Judge, Excise Court No.1, Aurangabad, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS 2023.

Ratio / Principle

Condition imposed: the petitioner shall co-operate in the investigation/trial.

Key takeaways

Condition imposed: the Court below shall verify the petitioner's criminal antecedent expeditiously, and if concealment of the antecedent is found, it shall take steps for cancellation of the bail bond.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail granted to Bigan Paswan, apprehending arrest in Kutumba P.S. Case No.145 of 2024 (District Aurangabad) under Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Act, 2016, arising from recovery of 4000 liters of spirit from a 12 wheeler Hyva (Registration No.BR02T2336) alleged to be owned by him; petitioner claims the vehicle was rented out and there was no recovery from his conscious possession. Bail fixed at Rs. 10,000/- with two like sureties before the Exclusive Special Judge, Excise Court No.1, Aurangabad, upon arrest or surrender within four weeks, subject to Section 438(2) CrPC / Section 482(2) B.N.S.S. 2023 conditions, co-operation in investigation/trial, and expeditious verification of his criminal antecedent with cancellation of bail bond if concealment is found.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10576 of 2025

Arising Out of PS. Case No.-145 Year-2024 Thana- KUTUMBA District- Aurangabad

======================================================

Bigan Paswan s/o Late Sohan Paswan Village- Bhukhan Bigha, P.S.- Salaiya, Dist.- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr.Deepak Kumar For the Opposite Party/s : Mr.Shyam Bihari Singh ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

4 14-05-2025

Heard learned Counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Act, 2016

As per the prosecution case, the recovery is of 4000 liters of spirit made from a 12 wheeler Hyva bearing Registration No.BR02T2336 and the petitioner is said to be the owner of the said vehicle.

Learned counsel for the petitioner submits that he had given the said vehicle to one Satish Kumar on rent for delivering gravel and he has no knowledge of the vehicle being put to illegal use. There is no recovery from the physical and conscious possession of the petitioner and there is no independent witness to the seizure list, thereby violating the mandatory provisions of search and seizure.

Patna High Court CR. MISC. No.10576 of 2025(4) dt.14-05-2025 2/3

Learned APP for the State opposes the prayer of anticipatory bail application on the ground that there is one criminal antecedent brought on record by way of Supplementary Affidavit which is of same nature, in response to the same, it has been submitted that the petitioner is on bail in the said case.

Considering the above facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional, Sessions Judge-cum-Exclusive Special Judge, Excise Court No.1, Aurangabad, in connection with Kutumba P.S. Case No.145 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and and subject to the further condition that:-

(i) the petitioner shall co-operate in the investigation/trial.

(ii) the learned Court would, however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of

Patna High Court CR. MISC. No.10576 of 2025(4) dt.14-05-2025 3/3

the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay.

(Soni Shrivastava, J)

sharun/-

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