Created by Fuzzy Cloud

Patna High Court

Kishore PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.