Patna High Court
Prince Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to strict conditions.
Summary
Prince Kumar Paswan applied for anticipatory bail fearing arrest in a case (Shahpur P.S. Case No. 318 of 2025) under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 involving the seizure of 160 litres of illicit liquor. The prosecution alleged that the petitioner’s name was given by an arrested individual, but the petitioner asserted he had no criminal antecedent and was not the owner of the motorcycle used in the alleged offence. The court considered the precedent set in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite the bar under Section 76(2) if the FIR does not disclose a cognizable offence. Weighing the lack of prior record and the cited judgment, the court granted anticipatory bail with a bond of Rs. 10,000 and two sureties, imposing several conditions including regular police appearances and non‑interference with witnesses. The order directs that the bail be effected if the petitioner is arrested or surrenders within four weeks, subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise (Amendment) Act despite the bar under Section 76(2).
- Whether the allegations in the FIR constitute a cognizable offence against the petitioner.
- Whether the petitioner’s lack of criminal antecedent warrants the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 76
- Section 438
- criminal antecedent
- seizure of liquor
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15226 of 2026
Arising Out of PS. Case No.-318 Year-2025 Thana- SAHPUR District- Bhojpur
======================================================
Prince Kumar Paswan Son of Laxman Paswan Resident of village - Shahpur,
Ward No.- 01, Police Station - Shahpur, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh, Advocate
For the Opposite Party/s : Mrs.Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-03-2026 Heard the parties.
2. The petitioner is apprehending arrest in connection
with Shahpur P.S. Case No. 318 of 2025 instituted under Section
30(a) of the Bihar Prohibition and Excise (Amendment) Act,
2022 lodged on 31.12.2025 by the informant, Vikash Kumar.
3. As per the prosecution story, the informant alleged
that on secret information, a motorcycle was intercepted and
there is recovery/seizure of 160 liters of country made liquor.
This led to the FIR.
4. Learned counsel for the petitioner submits that he
do not have criminal antecedent, he is not the owner of the
motorcycle, only because of the arrested person gave his name,
got implicated.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.15226 of 2026(2) dt.12-03-2026
2/4
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that
Rohit Paswan who was arrested gave his name.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that he do not have criminal antecedent, in that background,
this Court is inclined to extend him the privilege of
anticipatory bail.
8. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Shahpur P.S. Case No.
318 of 2025 to the satisfaction of learned Exclusive Special
Excise Court-II, Bhojpur at Ara subject to the conditions as laid
Patna High Court CR. MISC. No.15226 of 2026(2) dt.12-03-2026
3/4
down under Section 438(2) of the Cr.P.C. as also the other
conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
Patna High Court CR. MISC. No.15226 of 2026(2) dt.12-03-2026
4/4
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
Checking your session…