Patna High Court
Momindar Paswan @ Mominder PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioner, subject to a bond, sureties, and specified conditions.
Summary
Momindar Paswan sought anticipatory bail after being named in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 60 litres of Mahua liquor were seized from plastic bags near the Punpun river. The petitioner argued he had no physical or conscious possession of the liquor and that his name surfaced only through the disclosure of apprehended accused. The State opposed bail, citing three prior similar offences, though the petitioner was already on bail in those matters. The court considered the lack of possession, the disclosure basis, and the petitioner’s antecedents, and ordered that bail be granted if he is arrested or surrenders within four weeks, subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S. The order also mandated verification of his criminal antecedents and allowed for bail cancellation if concealment is found.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under Section 438 Cr.P.C. given the circumstances of the seizure and his alleged involvement?
- Do the petitioner’s prior criminal antecedents justify denial of bail?
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- seizure of liquor
- criminal antecedent
- bail conditions
- Section 438 Cr.P.C.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23025 of 2026
Arising Out of PS. Case No.-723 Year-2025 Thana- GAURICHAK District- Patna
======================================================
Momindar Paswan @ Mominder Paswan S/o Jitlal Paswan Resident of
village- Dalanpur, PS- Fatuha, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar . ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra
For the Opposite Party/s : Mr. Suman Kumari Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Perusal of the first information report and the
seizure list, would go to show that 60 liters of Mahua liquor is
said to have been recovered from the two plastic bags which
was left by three persons near the Punpun river.
4. It is submitted by learned counsel for the
petitioner that there is no recovery from the physical and
conscious possession of the petitioner. The petitioner was not
arrested on the spot. It is submitted that the place of recovery is
an open place and easily accessible to anyone. As a matter of
fact, the name of the petitioner has transpired in this case on the
disclosure made by the apprehended accused.
Patna High Court CR. MISC. No.23025 of 2026(2) dt.30-04-2026
2/3
5. Learned APP for the State opposes the prayer for
bail on the ground that petitioner has three criminal antecedents
of similar nature of the offence. In response, it has been
submitted that the petitioner is on bail in all the cases.
6. Taking into consideration the facts and
circumstances and also considering the fact that the petitioner
has been made accused on the disclosure made by the
apprehended accused, let the above named petitioner in the
event of his arrest or surrender before the learned Court below
within a period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below where the case is pending/successor court
in connection with Gaurichak P.S. Case No. 723 of 2025,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C./482(2) of the B.N.S.S., subject to the further
conditions:
(i) The petitioner shall cooperate in the
investigation/trial.
(ii) One of the bailors will be a family member/close
relative.
(iii) The court below shall verify the criminal
Patna High Court CR. MISC. No.23025 of 2026(2) dt.30-04-2026
3/3
antecedent of the petitioner and in case it is found that the
petitioner has concealed his criminal antecedent, the court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay
preferably within a period of two weeks.
(Soni Shrivastava, J)
Trivedi/-
U T
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