Patna High Court
Anju Paswan @ Aklesh Paswan @ Akhilesh PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail is granted to the petitioner subject to bail‑bond conditions.
Summary
The petitioner, Anju Paswan, applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act alleging recovery of 70 litres of country‑made liquor. The petitioner argued that he had not been arrested at the spot, no liquor was found in his conscious possession, and the search‑seizure memo lacked an independent witness. The State opposed the bail. The Court noted the absence of recovery from the petitioner’s conscious possession and the lack of an independent witness to the search memo, and therefore granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of no recovery from conscious possession and lack of independent witness to the search memo.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- prohibition law
- excise
- search and seizure
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10847 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- SAHPUR District- Patna
======================================================
Anju Paswan @ Aklesh Paswan @ Akhilesh Paswan S/O Late Ramraj
Paswan Resident Of Village- Ranisagar, Ward No.13, P.s.- Shahpur, District-
Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Malti Kumari, Adv.
For the Opposite Party/s : Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in a case registered for the offences punishable under Sections
30(a) of Bihar Prohibition and Excise Act in connection with
Shahpur P.S. Case No.09 of 2026.
3. The learned counsel for the petitioner submits that
petitioner has antecedent of three cases and allegation is of
recovery of 70 liters countrymade liquor. It is next submitted
that petitioner was not arrested from the spot as such nothing
was recovered from his conscious possession and that the search
and seizure memo has not been witnessed by any independent
witness.
4. The learned APP for the State opposes the
Patna High Court CR. MISC. No.10847 of 2026(2) dt.17-02-2026
2/2
anticipatory bail application.
5. Considering the fact that no recovery has been
made form the conscious possession of the petitioner and also
that the search and seizure memo has not been witnessed by
any independent witness, this Court is inclined to grant
anticipatory bail to the petitioner.
6. Accordingly, the petitioner above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on bail
on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court
No.2nd, Bhojpur, Ara in connection with Shahpur P.S. Case
No.09 of 2026, subject to the conditions laid down under
Section 438(2) of the Cr.P.C./Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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