Patna High Court
Akshay PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
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
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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
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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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