Patna High Court
Dinesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
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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
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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
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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
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