Dinesh Paswan Vs The State of Bihar

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

¶17

Learned counsel for the petitioner submits that petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 30 litres of liquor from the bank of the river along with 1500 litres of semi prepared Mahua which was destroyed at the spot.

¶18

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 the alleged recovery is from a place which does not belong to the petitioner

¶19

Patna High Court CR. MISC. No.90766 of 2025(2) dt.08-01-2026 2/3

¶20

and is accessible to public at large. It is next submitted that petitioner came to be implicated at the instance of the Chawkidar but then it is submitted that if Chawkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to the institution of the instant FIR which casts an aspersion on the case of the prosecution. It is also submitted that once an accused is implicated in a case relating to excise the police start implicating mechanically without holding a proper investigation of the case.

¶21

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

¶22

Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five 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 Bhagwanpur P.S. Case No. 235 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C./482 of the BNSS.

¶23

Patna High Court CR. MISC. No.90766 of 2025(2) dt.08-01-2026 3/3

¶24

It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than one case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner has antecedent of only one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

¶25

(Satyavrat Verma, J)

¶26

Kundan/-

¶27

U T

Dinesh Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dinesh Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Pradyut Samanta Vs The State of Bihar

Vikky Yadav @ Rahul Kumar @ Rahul Kumar @ Vikky Yadav Vs The State of Bihar

Basant Yadav @ Vasant Yadav Vs The State of Bihar

Ram Babu Ram Vs The State of Bihar

Ramesh Rai Vs The State of Bihar

Vijay Yadav Vs The State of Bihar