Kamlesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76476 of 2025 Arising Out of PS. Case No.-98 Year-2025 Thana- OBRA District- Aurangabad ====================================================== Kamlesh Paswan S/o Gorakh Paswan R/o vill - Mahadeva, P.S.- Obra, Dist.- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-01-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The defect, as pointed out by the office, is hereby ignored.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 191(2), 190, 115(2), 126(2) and 132 of the BNS, 2023 read with Sections 30(a) and 30(c) of the Bihar Excise Act.

4. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 75 liters of liquor from a kiln.

5. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even alleged

Patna High Court CR. MISC. No.76476 of 2025(2) dt.19-01-2026 2/3 recovery is from a place which does not belong to the petitioner and is accessible to villagers at large and he came to be implicated at the instance of Chowkidar with whom he is on an inimical term.

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

7. 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 Trial Court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds 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 Obra P.S. Case No. 98 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

8. It is made clear that thereafter the learned Trial Court 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 seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional

Patna High Court CR. MISC. No.76476 of 2025(2) dt.19-01-2026 3/3 anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Rishabh/- U T