Patna High Court
Pramod Kumar Paswan @ Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was rejected as the petitioner’s name appears in the FIR.
Summary
The petitioner, Pramod Kumar Paswan, sought anticipatory bail after learning that he was named in a criminal case (PS Case No. 440 of 2023) involving alleged possession of 981 litres of Nepali liquor seized by police. The FIR, filed on 29‑10‑2023, charges him under IPC sections 272, 273, 414, 34 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the motorcycle carrying the liquor had been stolen on 23‑10‑2023 and that a separate theft FIR was lodged only on 07‑01‑2024, after the liquor case. The State’s counsel countered that the theft FIR was filed later but did not negate the petitioner’s presence in the original case. The Court, after considering the submissions, held that the petitioner’s name appearing in the FIR precludes granting anticipatory bail and therefore rejected the application, while indicating that a surrender‑cum‑bail application could be entertained within eight weeks.
Issues considered
- Whether anticipatory bail can be granted to a person named in an FIR for offences under the IPC and the Bihar Prohibition and Excise Act despite claims of prior theft of the vehicle.
Legislation cited
- Indian Penal Code — s. 272, 273, 34, 414
Subjects
- anticipatory bail
- Indian Penal Code
- Bihar Prohibition and Excise Act
- seizure of liquor
- theft
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15292 of 2026
Arising Out of PS. Case No.-440 Year-2023 Thana- JAYNAGAR District- Madhubani
======================================================
Pramod Kumar Paswan @ Pramod Kumar Son of Hari Paswan Resident of
village - Barhampur, P.S.- Manigachhi, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar 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 Jaynagar P.S. Case No. 440 of 2023 instituted under
Sections 272, 273, 414, 34 of the Indian Penal Code and 30(a)
of the Bihar Prohibition and Excise Act lodged on 29.10.2023
by the informant, Shubham Kumar.
3. As per the prosecution story, the police intercepted
a motorcycle and there is recovery/seizure of 981 liters of
Nepali liquor. This led to the FIR.
4. Learned counsel for the petitioner submit that the
vehicle was already stolen on 23.10.2023 for which FIR was
lodged.
5. Learned APP, Mr. Jitendra Kumar Singh has taken
the second FIR to show that though the petitioner’s case is that
Patna High Court CR. MISC. No.15292 of 2026(2) dt.12-03-2026
2/2
the motorcycle was stolen for which he lodged FIR on
07.01.2024 i.e. much after the present FIR lodged on
29.10.2023.
6. Considering the aforesaid submissions of the
parties as also that the name of the petitioner has come in the
present case, no relief can be extended to him. The anticipatory
bail application stands rejected.
7. If, however, the petitioner approaches the Court in
eight weeks with surrender cum bail application, the same be
taken up and dispose of preferably on the same day.
(Rajiv Roy, J)
Ravi/-
U T
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