IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4141 of 2026 Arising Out of PS. Case No.-487 Year-2025 Thana- KESARIA District- East Champaran ====================================================== 1. Vikki Paswan son of Ramayodhya Paswan Resident of village - Hamidpur, Ward no. 06, Ps- kesariya, Dist- East Champaran 2. Rajendra Paswan son of Late Mukha Paswan Resident of village - Hamidpur, Ward no. 06, Ps- kesariya, Dist- East Champaran 3. Balindra Paswan son of Late Mukha Paswan Resident of village - Hamidpur, Ward no. 06, Ps- kesariya, Dist- East Champaran 4. Ramayodhya Paswan Son of Late mukha Paswan Resident of village - Hamidpur, Ward no. 06, Ps- kesariya, Dist- East Champaran 5. Nirmala Devi Wife of Rajendra Paswan Resident of village - Hamidpur, Ward no. 06, Ps- kesariya, Dist- East Champaran 6. Shulekha Devi Wife of Balindra Paswan Resident of village - Hamidpur, Ward no. 06, Ps- kesariya, Dist- East Champaran 7. Gaytri Devi wife of Ramayodhya Paswan Resident of village - Hamidpur, Ward no. 06, Ps- kesariya, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 29-01-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 274 and 275 of B.N.S., 2023 as well as Section 30(a) of Bihar Prohibition and Excise Act, 2016. 3. Learned counsel for the petitioners submits that Patna High Court CR. MISC. No.4141 of 2026(2) dt.29-01-2026 2/4 petitioners are persons with clean antecedent and petitioners no. 5, 6 and 7 are women and allegation is of recovery of 10 litres of liquor from possession of Balindra Paswan. It is next submitted that informant alleges that petitioners no.2, 3 and 4 were also apprehended on the spot but with help of their family members, the police force was attacked and the apprehended accused managed to escape. 4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that it does not appear probable that apprehended accused could have fled from had they been apprehended by the police. It is submitted that since police got secret information about liquor hence, they came to the house of Balindra Paswan from where no liquor was seized but then in order to make a false case, it is alleged that 10 litres of liquor was recovered from possession of Balindra Paswan. 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 Patna High Court CR. MISC. No.4141 of 2026(2) dt.29-01-2026 3/4 provisional anticipatory bail on their furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-3, Civil Court, East Champaran at Motihari in connection with Kesariya P.S. Case No.487 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 bond of the petitioners shall verify the criminal antecedent of the petitioners and in the event, if it is found that petitioner has antecedent of even 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 petitioners are persons with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. 8. At this stage, learned counsel for the petitioners, based on instruction, submits that petitioners undertake to deposit an amount of Rs.1500/- each with Advocates’ Patna High Court CR. MISC. No.4141 of 2026(2) dt.29-01-2026 4/4 Association, Patna High Court within a period of two weeks from today. Sanjay/- (Satyavrat Verma, J) U T