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Patna High Court

Vinay PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.11314 of 2026(2) dt.17-02-2026
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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
                                                          3/3




                                        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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