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Patna High Court

Anju Paswan @ Aklesh Paswan @ Akhilesh PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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