Allowed¶18

Nandu Paswan @ Nandkishor Paswan v. The State of Bihar

Patna HC14 May 2026CR. MISC./33219/2026

Case brief

AI extract

What is this about?

Patna High Court, Cr. Misc. No.33219 of 2026 (decided 14-05-2026, Satyavrat Verma, J): anticipatory bail under S. 438 Cr.P.C. to Nandu Paswan @ Nandkishor Paswan in LNMU P.S. Case No.49 of 2026, District Darbhanga, registered under Section 30(a) of the Excise Act for alleged recovery of 39 litres of liquor from vacant land; provisional anticipatory bail on Rs.500/- bond with two sureties; confirmation conditional on trial court verification of clean antecedents.

What did the court decide?

Provisional anticipatory bail in the event of arrest or surrender within six weeks, on furnishing bail-bonds of Rs.500/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C.; confirmation by the Trial Court subject to verification that the petitioner has clean antecedents. ¶18

Nandu Paswan @ Nandkishor Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33219 of 2026

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Arising Out of PS. Case No.-49 Year-2026 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga

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

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Nandu Paswan @ Nandkishor Paswan Son of Shiboo Paswan @ Shibu Paswan Resident of Village- Bela Shankar, P.S.- LNMU, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Virendra Kumar For the Opposite Party/s : Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 14-05-2026

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

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The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 39 litres of liquor from vacant land.

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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 which

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Patna High Court CR. MISC. No.33219 of 2026(2) dt.14-05-2026 2/3

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is the easiest way to implicate someone without holding a proper investigation, when admittedly petitioner is a person with clean antecedent.

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Learned A.P.P. opposes the anticipatory bail application.

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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.500/- (Rupees Five Hundred) 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 LNMU P. S. Case No.49 of 2026, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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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,

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Patna High Court CR. MISC. No.33219 of 2026(2) dt.14-05-2026 3/3

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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.

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(Satyavrat Verma, J)

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vikash/-

¶24

U T

Nandu Paswan @ Nandkishor Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nandu Paswan @ Nandkishor Paswan v. The State of Bihar

Case brief

What is this about?

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