Patna High Court
Naresh PaswanversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to petitioner No. 1 but denied to petitioners No. 2 and No. 3.
Summary
The petitioners, three residents of Vaishali district, were named in an FIR (Case No. 33 of 2026) for allegedly possessing 240 litres of illicit liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. They applied for anticipatory bail, claiming innocence and that the liquor was recovered from an open place, not from their possession. The State opposed bail, noting that two of the petitioners had prior criminal records. The High Court granted anticipatory bail to petitioner No. 1, Naresh Paswan, on a bond of Rs 30,000 and subject to conditions under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023, but denied bail to petitioners No. 2 and No. 3, directing the trial court to consider their surrender‑cum‑bail applications if they appear within four weeks. The order reflects the court’s assessment of the seriousness of the offence, the antecedents of the accused, and the statutory criteria for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the accused under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023 in a case of illicit liquor possession under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the presence of prior criminal antecedents of petitioners 2 and 3 warrants denial of anticipatory bail.
Legislation cited
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail conditions
- Section 30(a)
- Section 2(1)(d)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21795 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- DESARI District- Vaishali
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1. Naresh Paswan son of Bramdeo Paswan @ Ballu Paswan @ Badlu Paswan
Resident of village- Kharagpur Bhatauli, Ps- chandpura (Desari), Dist-
Vaishali
2. Ajay Rai @ Ajay Kumar Son of Late Sher Bahadur Rai @ Late Ser Rai
Resident of village- Bhikhanpura, Ps- chandpura (Desari), Dist- Vaishali
3. Samarjeet Rai son of Kapal Rai Resident of village- Bhikhanpura, Ps-
chandpura (Desari), Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nidhi Anand, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Desari (Chandpura) P.S. Case No. 33 of 2026
lodged on 28.01.2026, for the offence punishable under Section
30(a) of the Bihar Prohibition and Excise (Amendment) Act,
2022.
3. As per the prosecution, FIR has been lodged against
three named accused persons (present petitioners). Total
recovery of 240 litres of illicit liquor has been made, which is
the subject matter of the present case.
Patna High Court CR. MISC. No.21795 of 2026(2) dt.08-04-2026
2/3
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that nothing has been recovered from the
conscious possession of the petitioners and they are also not
apprehended from the place of occurrence and the alleged
recovery has been made from an open place. Counsel further
submits that the petitioner no.1 has clean antecedent, whereas,
the petitioner nos. 2 & 3 have two criminal antecedents each.
Counsel further submits that petitioners are ready to fulfill all
the conditions whatsoever shall be imposed upon them.
5. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that the petitioner no.1 has
clean antecedent, whereas, the petitioner nos. 2 & 3 have two
criminal antecedents each.
6. As such, in the present facts and circumstances of
this case, let the petitioner no.1 namely, Naresh Paswan be
released on anticipatory bail, in the event of arrest or surrender
before the Trial Court within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Exclusive Special Excise Court No.1-cum-
Additional District & Sessions Judge, Vaishali at Hajipur, in
Patna High Court CR. MISC. No.21795 of 2026(2) dt.08-04-2026
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connection with Desari (Chandpura) P.S. Case No. 33 of 2026,
subject to the conditions as laid down U/s 482(2) of the
B.N.S.S., 2023.
7. So far as petitioner no.2 namely, Ajay Rai @ Ajay
Kumar and petitioner no.3 namely, Samarjeet Rai are concerned,
this Court is not inclined to grant bail to them. Accordingly, the
prayer for anticipatory bail of the petitioner nos. 2 & 3 are
hereby rejected.
8. However, if petitioner nos. 2 & 3 surrenders before
the concerned Trial Court within a period of 4 weeks from today
then in that case, the Trial Court is directed to pass order on
their surrender-cum-bail application on the same day, without
being prejudice that the anticipatory bail of the petitioner nos. 2
& 3 have been rejected by this Court and the Trial Court shall
pass order on the merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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