IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49666 of 2026 Arising Out of PS. Case No.-182 Year-2026 Thana- DARBHANGA SADAR District-Darbhanga ====================================================== Kari Paswan Son of Late Raghu Paswan Resident of Village- Chhapki Parri, P.S.- Sadar, Distt.- Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saurav Anand For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 22-07-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act. 3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 10.8 liters of liquor from house of the petitioner. 4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and the house in question is a joint family property, as such, it cannot be alleged with certainty that it was petitioner who had kept the liquor in Patna High Court CR. MISC. No.49666 of 2026(2) dt.22-07-2026 2/3

the house or the liquor kept in the house was within his knowledge and after amendment in the excise act in the year 2018, the concept of deemed possession and presumed offender has been done away with and came to be implicated based on secret information which is the easiest way to implicate someone, when petitioner admittedly is a person with clean antecedent. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. 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 Darbhanga Sadar P.S. Case No. 182 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS. 7. 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 Patna High Court CR. MISC. No.49666 of 2026(2) dt.22-07-2026 3/3

seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional 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

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49666 of 2026 Arising Out of PS. Case No.-182 Year-2026 Thana- DARBHANGA SADAR District-Darbhanga ====================================================== Kari Paswan Son of Late Raghu Paswan Resident of Village- Chhapki Parri, P.S.- Sadar, Distt.- Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saurav Anand For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 22-07-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act. 3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 10.8 liters of liquor from house of the petitioner. 4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and the house in question is a joint family property, as such, it cannot be alleged with certainty that it was petitioner who had kept the liquor in Patna High Court CR. MISC. No.49666 of 2026(2) dt.22-07-2026 2/3

the house or the liquor kept in the house was within his knowledge and after amendment in the excise act in the year 2018, the concept of deemed possession and presumed offender has been done away with and came to be implicated based on secret information which is the easiest way to implicate someone, when petitioner admittedly is a person with clean antecedent. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. 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 Darbhanga Sadar P.S. Case No. 182 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS. 7. 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 Patna High Court CR. MISC. No.49666 of 2026(2) dt.22-07-2026 3/3

seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional 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