Patna High Court
Kishore PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners, subject to bond and surety conditions.
Summary
Kishore Paswan and Rajiv Paswan applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging they were implicated in the illegal transport of country-made liquor based solely on the statement of a co-accused who was apprehended with 20 litres of liquor. The police had acted on a tip, seized the liquor from the arrested co-accused, and the petitioners escaped without any material seized from them. The petitioners contended that they were falsely implicated and no incriminating article was found in their possession or residence. The court considered that the accusation rested only on the co-accused’s disclosure and, finding no direct evidence against the petitioners, granted anticipatory bail with conditions. The bail order required a bond of Rs.10,000 with two sureties and compliance with Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted when the accusation is based solely on the co-accused's statement and no material is recovered from the petitioners.
- Whether the petitioners' claim of innocence and lack of direct evidence warrants bail under Section 438 of the CrPC.
Legislation cited
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition Act
- co-accused testimony
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18911 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- Rasalpur District- Bhagalpur
======================================================
1. Kishore Paswan S/o Kullo @ Kuldip Paswan Resident of Village- Ekchari,
P.S.- Rasalpur, Dist.- Bhagalpur
2. Rajiv Paswan S/o Anuplal Paswan Resident of Village- Ekchari, P.S.-
Rasalpur, Dist.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 16-04-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Rasalpur Police Station Case No. 190 of 2025,
disclosing offences under Section 30(a) of the Bihar Prohibition
and Excise (Amendment) Act, 2022.
3. As per the prosecution case, on 29.12.2025,
during routine patrolling, the informant along with other police
personnel received secret information regarding three persons
carrying illicit liquor. Acting on the said information, the police
party reached Ekchari Thakur Bari Chowk, where upon seeing
the police, the accused persons attempted to flee. One person,
Patna High Court CR. MISC. No.18911 of 2026(2) dt.16-04-2026
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namely Bikrant Kumar, was apprehended, while two others,
identified as the petitioners, managed to escape. Upon search of
the bag carried by the apprehended accused, 20 liters of
country-made liquor was allegedly recovered and a seizure list
was prepared accordingly.
4. Learned Counsel for the petitioners submits that
the petitioner are innocent and have falsely been implicated due
to alleged high-handedness of the police officials. It is submitted
that neither were they apprehended at the place of occurrence
nor was any incriminating article recovered from their conscious
possession or residence. Petitioners have been made accused
solely on the basis of disclosure made by the arrested co-
accused.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
petitioners have been made accused on the basis of disclosure
made by the apprehended co-accused, I am inclined to grant the
petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.18911 of 2026(2) dt.16-04-2026
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10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Excise Judge-II,
Bhagalpur, in connection with Rasalpur Police Station Case No.
190 of 2025, subject to the condition laid down under Section
438 (2) of the Code of Criminal Procedure/Section 482(2) of the
BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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