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Patna High Court

Rajesh Pasan @ Rajesh PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Anticipatory bail was granted to the petitioner, subject to statutory conditions, because he was not present at the seizure and had no conscious possession of the illicit liquor.

Summary

The petitioner, Rajesh Pasan, the registered owner of a white auto‑rickshaw, was implicated in an excise case after police recovered about eight litres of illicit liquor from a sack hidden in the vehicle. The seizure was made based on secret information and the liquor was found in the diggi behind the rear seat, but the petitioner was not present at the spot and no liquor was recovered from his conscious physical possession. He pleaded innocence, arguing that he was implicated solely because he owned the vehicle and has no prior criminal record. The State opposed the grant of anticipatory bail, contending that the seizure indicated involvement in the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The Court, noting the petitioner’s absence at the time of seizure, lack of direct possession, and clean antecedent, inclined to grant anticipatory bail subject to conditions. Accordingly, the Court ordered release on bail upon furnishing a bond of Rs 10,000 with two sureties and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted when the accused is not present at the scene and no contraband is found in his conscious possession.
  • Whether ownership of the vehicle in which illicit liquor is discovered suffices to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • vehicle ownership
  • clean antecedent
  • Section 30
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10718 of 2026
                       Arising Out of PS. Case No.-338 Year-2025 Thana- Excise P.S. District- Rohtas
                 ======================================================
                 Rajesh Pasan @ Rajesh Paswan S/o Sri Ram Paswan R/V.- Admapur, P.S.-
                 Sasaram (M), District- Rohtas

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Rakesh Kumar Mishra, Adv
                 For the Opposite Party/s :         Mr.Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Excise P.S. Case No. 802 of 2025 FIR No. 338 of 2025,

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that on

                   secret information during patrolling, the informant along with

                   other police personnel reached the place of occurrence and on

                   suspicion, a white auto-rickshaw was stopped. During the

                   search, a white plastic sack containing 02 transparent plastic

                   bags, one bag contained approximately 5.000 liters and the other

                   approximately 3.000 liters, total approximately 8.000 liters of

                   illicit liquor were recovered from the diggi behind the rear seat
Patna High Court CR. MISC. No.10718 of 2026(2) dt.17-02-2026
                                            2/3




          of the auto-rickshaw. Subsequently seizure list was prepared.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. He further submits that the petitioner has been

          implicated because he is the owner of the seized vehicle.

          Nothing has been recovered from the conscious physical

          possession of the petitioner. He further submits that the

          petitioner has no criminal antecedent.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. Considering the fact that the petitioner was not

          present at the spot and no recovery has been made from the

          conscious physical possession of the petitioner and he has

          simply been implicated because he is the owner of the seized

          vehicle and also taking into account the fact that the petitioner

          has clean antecedent, this Court is inclined to grant privilege of

          anticipatory bail to the petitioner.

                       7. Let the petitioner, named above, in the event of his

          arrest or surrender before the Court below within four weeks

          from today, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned Exclusive Special Judge
              Patna High Court CR. MISC. No.10718 of 2026(2) dt.17-02-2026
                                                          3/3




                        Court-1, Rohtas at Sasaram in connection with Excise P.S. Case

                        No. 802 of 2025 FIR No. 338 of 2025, subject to the conditions

                        laid down under section 482(2) of the                  Bharatiya Nagarik

                        Suraksha Sanhita, 2023 as also further condition that:-

                                     (i)    the     petitioner      shall    co-operate   in   the

                        investigation/trial.

                                     (ii) the learned Court would, however, verify the

                        criminal antecedent of the petitioner and in case it is found that

                        the petitioner has concealed his criminal antecedent, the Court

                        below shall take step for cancellation of bail bond of the

                        petitioner. However, it is expected that the verification process

                        would be done expeditiously without causing any delay.



                                                  (Alok Kumar Sinha, J)
kiran/-

U         T


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