Patna High Court
Mithun PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the petitioner’s ownership of the seized E‑Rickshaw justified denial of bail.
Summary
The petitioner, Mithun Paswan, sought anticipatory bail after being implicated in a case where 96.330 liters of illicit liquor were recovered from an E‑Rickshaw registered in his name. The prosecution alleged the liquor was seized under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found on his person, he had no direct involvement, and he possessed a clean antecedent. The State opposed the bail, contending that ownership of the vehicle linked the petitioner to the offence. The Court considered the ownership factor and the seriousness of the offence under the prohibition law. Justice Prabhat Kumar Singh refused the petition for anticipatory bail, concluding that mere ownership of the vehicle was sufficient ground to deny bail.
Issues considered
- Whether anticipatory bail can be granted to a person who is the registered owner of a vehicle from which illicit liquor was seized under the Bihar Prohibition and Excise Act.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18772 of 2026
Arising Out of PS. Case No.-635 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Mithun Paswan S/O Shankar Paswan R/O Village- Anand Nagar, P.S.- Sadar,
District- Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in connection with
Sadar P. S. Case No. 635 of 2025 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. As per prosecution case, 96.330 liters illicit liquor
was recovered from the seized E-Rickshaw of which this
petitioner is registered owner.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
only on suspicion. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.18772 of 2026(2) dt.07-04-2026
2/2
bail of the petitioner.
6. Considering the fact that petitioner is owner of the
seized E-Rickshaw, prayer for anticipatory bail of the petitioner
is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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