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Patna High Court

Akshay PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner, holding that the lack of direct evidence and reliance on a co‑accused’s statement do not preclude bail.

Summary

Akshay Paswan was implicated in a case (Dev P.S. Case No. 294 of 2025) for allegedly loading 95 litres of illicit country-made wine into a tempo, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The allegation against him stemmed solely from the statement of a co‑accused, Surendra Kumar, who was caught with the wine; no material was recovered from Paswan nor was he arrested at the scene. Paswan applied for anticipatory bail, arguing that the co‑accused’s testimony lacks evidentiary value and that he has no physical possession of the contraband. The State opposed the bail. The Court, noting the absence of direct evidence and the reliance on a co‑accused’s statement, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, including cooperation with the investigation and verification of his criminal antecedents.

Issues considered

  • What is the appropriateness of granting anticipatory bail when the accusation is based solely on a co‑accused's statement and no material is recovered from the petitioner?
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail under the applicable statutes.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit wine
  • co‑accused testimony
  • bail conditions
  • criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10899 of 2026
                       Arising Out of PS. Case No.-294 Year-2025 Thana- DEV District- Aurangabad
                 ======================================================
                 Akshay Paswan Son of Umesh Paswan R/o Village - Pasiya, Bhandari, P.S. -
                 Deo, District - Aurangabad, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Rupa Kumari, Adv
                 For the Opposite Party/s :       Mr. Md. Anzarul Haque Sahara, 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 Dev P.S. Case No. 294 of 2025, registered for the offence

                   punishable under Section 30(a) of Bihar Prohibition and Excise

                   Act, 2022.

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

                   secret information during patrolling that a tempo bearing

                   registration number BR021PC-1940 was coming Bahuyara

                   more is carrying illicit wine, the informant along with other

                   police personnel reached the place of occurrence and saw that a

                   tempo is coming towards them. Upon seeing the police persons,

                   the tempo driver stopped the tempo and started fleeing away, but

                   he was caught and disclosed his name as Surendra Kumar. On
Patna High Court CR. MISC. No.10899 of 2026(2) dt.17-02-2026
                                            2/3




          search of the tempo, total 95 liters country made wine was

          recovered and accordingly seizure list has been prepared and on

          enquiry, the arrested person stated that the illicit wine has been

          loaded in his tempo by Akshay paswan (the petitioner herein)

          and Guddu Yadav.

                       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 only on the basis of statement made by co-accused.

          The petitioner has not arrested from the spot nor anything has

          been recovered from the conscious physical possession of the

          petitioner. He further submits that the petitioner has two

          criminal antecedents.

                       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 nothing has been recovered from the

          conscious physical possession of the petitioner as also his name

          has surfaced on account of the statement made by co-accused,

          which does not carry evidentiary value, this Court is inclined to

          grant privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, named above, in the event of his
              Patna High Court CR. MISC. No.10899 of 2026(2) dt.17-02-2026
                                                          3/3




                        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 District and Additional

                        Sessions Judge-cum-Exclusive Special Judge, Excise Court no.

                        01, Aurangabad, Bihar in connection with Dev P.S. Case No.

                        294 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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