Patna High Court
Suresh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court granted anticipatory bail to the petitioner with conditions.
Summary
The petitioner, Suresh Paswan, was implicated in an Excise case (No. 2142 of 2025) for alleged offences under sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, based on a confidential tip that led police to recover liquor from a motorcycle and a hut. Paswan contended that he was not present at the spot, had no ownership of the seized liquor or the hut, and therefore lacked conscious possession. He also highlighted that he has two prior similar cases pending on bail. The State opposed anticipatory bail, arguing that the prior cases indicated a propensity to reoffend. After reviewing the material, the Court observed that Paswan was not apprehended at the scene and had no link to the liquor, and consequently granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and verification of his criminal antecedents under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite prior similar offences.
- Whether the recovery of liquor establishes possession sufficient to deny bail.
- Whether the petitioner’s criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition & Excise Act — s. 30(a), 32(3)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- possession
- criminal antecedent
- Bihar Prohibition & Excise Act
- Criminal Procedure Code
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16679 of 2026
Arising Out of PS. Case No.-2142 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Suresh Paswan S/o Aklu Paswan R/o Village - Sadatpur, P.S - Kanti, District -
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nachiketa Jha, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 20-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Excise P.S. Case No. 2142 of 2025 registered for the
offences punishable under sections 30(a), 32(3) of the Bihar
Prohibition & Excise Act.
3. As per the prosecution story which has been lodged
on the basis of the written report submitted by the informant to
the effect that on 22.12.2025, she received a confidential
information that one Suresh Paswan (petitioner) was selling and
supplying liquor through motorcycle and after giving
information to the Senior officials, the informant proceeded to
verify the authenticity of the said information along with police
party and reached near the place of occurrence. After seeing the
Patna High Court CR. MISC. No.16679 of 2026(3) dt.20-05-2026
2/3
light of the vehicle, one person on motorcycle tried to escape,
but fell down. However, taking advantage of the darkness, he
fled away leaving the motorcycle. From the said motorcycle, 1.5
litres and from one hut 12.750 litres of Indian made foreign
liquor was recovered.
4. The learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence. The
petitioner has got no concern with the seized liquor and the hut
does not belong to this petitioner from which the liquor was
recovered. He further submits that petitioner was not
apprehended at the spot, therefore, there is no question of
recovery from conscious possession of the petitioner. The
petitioner has got two criminal antecedent of similar nature and
in both the cases he is on bail.
5. The learned A.P.P. for the State opposes the prayer
for bail of the petitioner and submits that the petitioner is
accused in two cases of similar nature, therefore, he does not
deserve the privilege of anticipatory bail.
6. Having heard the learned counsel for the parties
and after going through the records, it appears that the petitioner
was not apprehended at the spot. The petitioner has got no
concern with seized liquor and the said hut does not belong to
Patna High Court CR. MISC. No.16679 of 2026(3) dt.20-05-2026
3/3
this petitioner. Considering the same, let the above named
petitioner, in the event of arrest/surrender within a period of six
weeks, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge,
Excise Court No. II, Muzaffarpur in connection with Excise P.S.
Case No. 2142 of 2025, subject to conditions as laid down under
Section 438(2) of the Code of Criminal Procedure/ 482(2) of the
Bhartiya Nagrik Suraksha Sanhita, 2023 with further condition:
(i) The trial court shall verify the criminal antecedent
of the petitioner and in case at any stage it is found that the
petitioner has concealed his criminal antecedents, the court
concerned shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
(Ritesh Kumar, J)
vinita/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.