Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39043 of 2026 Arising Out of PS. Case No.-1 Year-2026 Thana- Excise P.S. District- Supaul ====================================================== 1.

Ashok Paswan S/O Sri Daya Ram Paswan R/O - Malhad, Ward No-16, P.S., District- Supaul 2.

Samit Kumar Paswan @ Samit Paswan Son of Sri Daya Ram Paswan R/O - Malhad, Ward No-16, P.S., District- Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrit Abhijat, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-06-2026

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 Sections 30(a), 37 and 45 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 1.875 litres of liquor from possession of Nikki Devi.

4. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and they came to be implicated with an allegation that when Nikki Devi was

Patna High Court CR. MISC. No.39043 of 2026(2) dt.22-06-2026 2/3 arrested, several accused persons came and verbally abused the police officials and tried to free Nikki Devi from the police custody. It is further submitted that allegation against the petitioners is general and omnibus in nature. It is reiterated and submitted that petitioners are persons with clean antecedent.

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 appearing on behalf of the petitioners, let the petitioners, above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) 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 Supaul Excise P.S. Case No. 01 of 2026 corresponding to Miscellaneous Excise No. 63 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

7. However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and if it is found that petitioners have antecedent of even one

Patna High Court CR. MISC. No.39043 of 2026(2) dt.22-06-2026 3/3 case, it would be presumed that petitioners had concealed their 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 petitioners are persons with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T