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Patna High Court

Mithun PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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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