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2026 DAILYLAW 9482 (PAT)

Ashish Raj @ Raju Paswan v. The State of Bihar

CR. MISC./12592/2026 · 2026-03-10

Satyavrat Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12592 of 2026 Arising Out of PS. Case No.-457 Year-2025 Thana- NASRIGANJ District- Rohtas ====================================================== 1. Ashish Raj @ Raju Paswan S/O Sudarshan Ram @ Sudarshan Paswan R/O Village- Panduri, P.S- Nasriganj, Dist.- Rohtas. 2. Arvind Chaudhari S/O Guru Chaudhary R/O Village- Panduri, P.S- Nasriganj, Distt.- Rohtas. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Siddharth Harsh For the Opposite Party/s : Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 10-03-2026 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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 150 litres of liquor from a sack along with a motorcycle. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and are not the owner of the seized vehicle and they came to be implicated at the instance of chowkidar but Patna High Court CR. MISC. No.12592 of 2026(2) dt.10-03-2026 2/3 then it is submitted that if chowkidar was aware of the involvement of the petitioners 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. It is also submitted that it appears that chowkidar in order to save the real culprit falsely implicated the petitioners when petitioners admittedly are persons with clean antecedent. 4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 5. Considering the submissions made by the learned counsel for the petitioners, 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 Nasriganj P.S. Case No.457/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. 6. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioners have antecedent of Patna High Court CR. MISC. No.12592 of 2026(2) dt.10-03-2026 3/3 even one case, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed with but if after verification it is found that petitioners are persons with clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith. amit/- (Satyavrat Verma, J) U T