Patna High Court
Vinay PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
Vinay Paswan sought anticipatory bail after police recovered 20 litres of illicit country-made liquor from his residence in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He argued that he was falsely implicated because the house is jointly owned and he has a clean antecedent, while the State opposed the bail. The court examined the facts, the petitioner’s claim of joint ownership, and the statutory provisions governing anticipatory bail. Considering the circumstances, the court granted anticipatory bail subject to strict conditions, including a bail bond, sureties, personal presence at trial, and verification of criminal antecedent. The order also clarified that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in a case of alleged illegal liquor storage.
- Whether joint ownership of the premises precludes individual liability for the recovered liquor.
- Whether the petitioner’s clean antecedent justifies the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition Act
- joint property
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11314 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- GOH District- Aurangabad
======================================================
Vinay Paswan Son of Dina Paswan Resident of Village - Berka, P.S. - Goh,
District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Anand, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Goh P.S. Case No. 30 of 2026 registered for the offences under
Sections 30(a) of the Bihar Prohibition and Excise Amendment
Act, 2022.
3. The prosecution case is to the effect that the police,
in course of patrolling, received information that the petitioner
has stored illegal liquor in his house. On search total 20 liters of
country made liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case merely
because he is one of the residents of the said house where the
recovery has been made. It has further been submitted that the
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house is a joint property and the petitioner cannot be singled out
in for the recovery of the said liquor. It has next been submitted
that the petitioner has falsely been implicated at the behest of
the local chowkidar. It has lastly been submitted that the
petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Goh P.S. Case No. 30 of 2026, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure
read with corresponding Section 482(2) of B.N.S.S. as well as
subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
Patna High Court CR. MISC. No.11314 of 2026(2) dt.17-02-2026
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violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage 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, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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