Patna High Court
Biran Paswan @ Viran PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that anticipatory bail may be granted in the present case, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, despite the allegations and prior antecedents.
Summary
The petitioner, Biran Paswan, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, where the FIR alleged recovery of 160 litres of spirit, empty plastic bottles and a motorcycle. He contended that he was not the owner of the motorcycle, the seizure was from an open place and there was no independent witness to the search. The State opposed bail, citing the seriousness of the alleged offence and the petitioner’s two prior similar criminal antecedents, though the petitioner claimed he was already on bail in those matters. The Court, after considering the facts, granted anticipatory bail subject to a bond of Rs.10,000, two sureties, a relative as bailor, and a condition of cooperation with the investigation. The bail may be cancelled if the petitioner fails to comply with the conditions.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the petitioner’s lack of ownership of the seized motorcycle and absence of an independent witness affect the grant of bail.
- Whether prior criminal antecedents of a similar nature preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act
- seizure
- ownership of seized property
- prior criminal antecedents
- Cr.P.C. 438
- BNSS 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18033 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- RAFIGANJ District- Aurangabad
======================================================
Biran Paswan @ Viran Paswan Son of Bharat Paswan R/o Village -
Baur(Jakim), P.S. - Rafiganj, Dist. - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act, 2022.
3. The allegation in the First Information Report is that
160 litres of spirit along with empty plastic bottles packaging
materials along with one motorcycle were recovered from the place
of occurrence.
4. Learned counsel for the petitioner submits that 160
litres of spirit along with empty plastic bottles etc. was recovered
from a motorcycle, which was recovered from a bundle of husk. The
petitioner is not the owner of the said motorcycle and the recovery is
from an open place, which is accessible to all. There is no
independent witness to search and seizure.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report as also submits that the petitioner has two
Patna High Court CR. MISC. No.18033 of 2026(2) dt.03-04-2026
2/2
criminal antecedents of similar nature. In response, it is submitted by
learned counsel for the petitioner that the petitioner is on bail in both
the cases.
6. Taking into consideration the facts and circumstances of
the case, let the above named petitioner, be released on bail, in the
event of his arrest or surrender before the learned Court below within
a period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the case is
pending/successor Court in connection with Rafiganj P.S. Case No.
22 of 2026, subject to the condition as laid down under Section 438
(2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, subject to condition that:-
(i) One of the bailors will be his own blood relative,
preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioner shall co-operate with the investigation, if
not already concluded and make himself available as and
when so required, failing which the prosecution will be at
liberty to move cancellation of his bail bond.
(Soni Shrivastava, J)
anand/-
U T
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