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Patna High Court

Vikash Kumar Paswan @ Vikash PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

Vikash Kumar Paswan was named in a case (Katihar Town PS Case No. 1082 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2022 after police recovered 50 litres of illicit liquor from an open area. The petitioner argued that the liquor was found in a public place, he had no possession of it, and he has a clean criminal record. The State opposed his request for anticipatory bail. The court considered the open‑place recovery and the petitioner’s lack of antecedents and, applying Section 482(2) of the B.N.S.S., granted anticipatory bail subject to a bond and sureties. The order directs that the bail be effective if the petitioner is arrested or surrenders within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in a case of alleged illicit liquor possession under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • clean antecedent
  • open place recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11602 of 2026
                  Arising Out of PS. Case No.-1082 Year-2025 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
                 Vikash Kumar Paswan @ Vikash Paswan S/O Pramod Paswan R/O Driver
                 tola, Guard Para PS- Nagar, Distt- Katihar
                                                                     ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjeev Kumar Singh, Adv.
                 For the Opposite Party/s :      Mr.Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   17-02-2026             Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                           2. The petitioner is apprehending his arrest in connection

                   with Katihar Town P.S. Case No. 1082 of 2025 dated 01.11.2025

                   registered for the offence punishable under Section/s 30(a) of

                   the Bihar Prohibition and Excise Act, 2022.

                           3. As per the prosecution case, the police has recovered

                   total 50 liters of illicit liquor has been recovered from the

                   bushes at Sangram Chowk..

                           4. Learned counsel for the petitioner submits that the

                   place from the alleged recovery of illicit liquor is said to have

                   been made is an open and abandon place and access to general

                   public cannot be denied. The name of the petitioner has

                   transpired in this case on the basis of the statement of the local

                   person. It is further submitted that nothing incriminating has
              Patna High Court CR. MISC. No.11602 of 2026(2) dt.17-02-2026
                                                          2/2




                        been recovered from the conscious possession of the petitioner.

                        Lastly, it is submitted that the petitioner is a person of clean

                        antecedent.

                                5. Learned APP for the State opposes the prayer for grant

                        of anticipatory bail.

                                6. Having heard learned counsel for the petitioner and

                        considering the fact that the alleged recovery is said to have

                        been made from the open place, which is accessible to one and

                        all and the fact that the petitioner bears no criminal antecedent,

                        this Court is inclined to grant anticipatory bail to the petitioner.

                                7. Let the petitioner, above named, be released on

                        anticipatory bail in the event of his arrest or surrender before the

                        court below within a period of four weeks from today on

                        furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                        two sureties of the like amount each to the satisfaction of

                        learned     Exclusive       Special      Excise      Court-II,   Katihar   in

                        connection with Katihar Town P.S. Case No. 1082 of 2025,

                        subject to the condition as laid down under Section 482(2) of

                        the B.N.S.S.



                                                                                   (Ajit Kumar, J)
rishi/-

U         T


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