Created by Fuzzy Cloud

Patna High Court

Dinesh PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Dinesh Paswan, sought anticipatory bail fearing arrest in a case under section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 5 litres of illicit liquor recovered from a seized motorcycle. The prosecution alleged he was driving the vehicle, but the petitioner argued that no liquor was found in his conscious possession, he does not own the motorcycle, and he has no criminal antecedent. Relying on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if no offence is made out, the court examined the merits. Considering the lack of possession, absence of prior convictions, and the cited precedent, the court granted anticipatory bail with a set of conditions regarding sureties, appearance before police and courts, and non‑interference with witnesses. The order directs the petitioner to surrender within four weeks and comply with the stipulated bail conditions.

Issues considered

  • Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
  • Whether the petitioner’s alleged involvement, given lack of possession and ownership, constitutes an offence under section 30(a).
  • Whether the conditions imposed are appropriate for the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • section 76(2)
  • bail conditions
  • possession of illicit liquor
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15333 of 2026
                        Arising Out of PS. Case No.-224 Year-2025 Thana- SARAI District- Vaishali
                 ======================================================
                 Dinesh Paswan Son of Sonphool Paswan @ Sonphul Paswan Resident of
                 Village- Bhatauli Bhagwan, Kartahan Buzurg, P.S.- Kartahan, District-
                 Vaishali

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shanti Bhushan Singh, Advocate
                 For the Opposite Party/s :        Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   12-03-2026                     Heard Mr. Shanti Bhushan Singh, learned counsel

                   for the petitioner and Mr. Arun Kumar Singh, learned APP for

                   the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Sarai P.S. Case No. 224 of 2025 for the offence

                   under sections 30(a) of the Bihar Prohibition and Excise Act

                   lodged on 31.08.2025 by the informant, Ranjeet Paswan.

                                3. As per the prosecution story, the police intercepted

                   a motorcycle and there is a recovery of 5 litres of country-made

                   liquor. This led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   nothing has been recovered from the conscious possession of

                   the petitioner nor he owns the motorcycle. Lastly, he do not
Patna High Court CR. MISC. No.15333 of 2026(2) dt.12-03-2026
                                            2/4




          have any criminal antecedent.

                       5. Further, learned counsel for the petitioner relied on

          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 as

          per the allegation he was driving the vehicle.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that nothing has been recovered from his conscious

          possession nor he has criminal antecedent, in that background,

          this Court is inclined to extend him the privilege of anticipatory

          bail with conditions.

                       8. Let the petitioner be released on bail in the event of

          arrest or surrender 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 like amount each to the
Patna High Court CR. MISC. No.15333 of 2026(2) dt.12-03-2026
                                            3/4




          satisfaction of learned Exclusive Prohibition and Excise Court

          (II) Cum District and Additional Sessions Judge, Hajipur,

          Vaishali in connection with Sarai P.S. Case No. 224 of 2025

          subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document 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 six months to mark his

          attendance and after the end of the period, the certificate shall be

          submitted before the Trial Court failing which steps shall be

          taken for the cancellation of the 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
             Patna High Court CR. MISC. No.15333 of 2026(2) dt.12-03-2026
                                                         4/4




                       cancellation of the bail bonds;

                                    (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)
atul/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.