Bhola Paswan @ Bhola v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31852 of 2026 Arising Out of PS. Case No.-73 Year-2026 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.
Bhola Paswan @ Bhola Son of Late Ramdeo Paswan Resident of Village - Bihari, P.S- Bhagwanpur , District -Vaishali 2.
Bhushan Paswan Son of Bhuil Paswan @ Shyam Kishore Paswan Resident of Village - Bihari, P.S- Bhagwanpur , District -Vaishali 3.
Sanjeev Paswan @ Tere Nam Son of Sakhi Paswan Resident of Village - Bihari, P.S- Bhagwanpur , District -Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh For the Opposite Party/s :
Mr. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-05-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case and petitioner nos. 2 and 3 are persons with clean antecedent and allegation is of recovery of 93.2 liters of liquor from a place near bank of a river.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.31852 of 2026(2) dt.12-05-2026 2/3 petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners and is accessible to villagers at large and they came to be implicated based on secret information which is the easiest way to implicate someone without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 5000/- (Rupees Five Thousand) each 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. 73 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioner no. 1 has antecedent of more than one case and petitioner nos. 2 and 3 have antecedent of even
Patna High Court CR. MISC. No.31852 of 2026(2) dt.12-05-2026 3/3 one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his antecedent, but after verification if it is found that petitioner no. 1 has antecedent of one case only and petitioner nos. 2 and 3 are persons with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Rishabh/- U T