Ram Babu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80801 of 2025 Arising Out of PS. Case No.-760 Year-2025 Thana- SONEPUR District- Saran ====================================================== 1.
Ram Babu Paswan S/O Late Shankar Paswan R/O Village- Rahimpur, P.SSonepur, Distt.- Saran at Chapra. 2.
Umesh Paswan S/O Late Mahadeo Paswan R/O Village- Rahimpur, P.SSonepur, Distt.- Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-12-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioners submits that petitioner no.1 has antecedents of three cases and petitioner no.2 has antecedent of one case and allegation is of recovery of 600 litres of liquor from bank of Ganga river. It is next submitted that petitioners were not arrested 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
Patna High Court CR. MISC. No.80801 of 2025(2) dt.11-12-2025 2/3 petitioners and is accessible to public at large and they came to be implicated at the instance of Chowkidar but then it is submitted that if Chowkidar was aware of their involvement in the occurrence then why he did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution.
4. Learned A.P.P. opposes the anticipatory bail application.
5. 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 Court below within a period of six weeks, are directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court of Special Judge, Excise-II, Saran at Chapra in connection with Sonepur P.S. Case No.760 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event,
Patna High Court CR. MISC. No.80801 of 2025(2) dt.11-12-2025 3/3 if it is found that petitioner no.1 has antecedents of more than three cases and petitioner no.2 has antecedent of more than one case, then it would be presumed that petitioners for the purposes of obtaining anticipatory bail had concealed their antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner no.1 has antecedents of only three cases and petitioner no.2 has antecedent of only one case, in that event, the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Sanjay/- U T