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Patna High Court

Vivek PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under its inherent powers.

Summary

The petitioner, Vivek Paswan, sought anticipatory bail after being implicated in a case (Pandaul P.S. Case No. 275 of 2025) for alleged possession of 31 litres of Nepali liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the orchard where the liquor was recovered is a public place and that he was falsely identified by a local chowkidar, asserting no prior criminal record. The State, represented by the Additional Public Prosecutor, opposed the bail, arguing the seriousness of the offence. The Court examined the allegations, the petitioner’s claim of innocence, and the statutory provisions governing anticipatory bail. Relying on its inherent powers under Section 482(2) of the Bihar Negotiable Securities Act (B.N.S.S.) and the principles of anticipatory bail, the Court ordered that bail be granted if the petitioner surrenders within six weeks, subject to a bail bond of Rs. 10,000 and two sureties of equal amount. The application for anticipatory bail was therefore allowed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner is likely to be arrested and thus eligible for anticipatory bail.
  • Whether the conditions prescribed under Section 482(2) of the B.N.S.S. are satisfied.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23661 of 2026
                     Arising Out of PS. Case No.-275 Year-2025 Thana- PANDAUL District- Madhubani
                 ======================================================
                 Vivek Paswan S/O Debu Paswan Resident of Village- Vijay Salempur, P.S-
                 Pandaul, Distt.- Madhubani.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailendra Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   22-04-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in a case in

                   connection with Pandaul P.S. Case No. 275 of 2025 dated

                   07.12.2025 registered for the offences punishable under Section

                   30(a) of Bihar Prohibition and Excise Act.

                                3. As per the allegation, total 31 litres of Nepali

                   country-made liquor has been recovered from the orchard and as

                   per the allegation petitioner was identified as the person by the

                   local chowkidar who had fled away from the place of

                   occurrence.

                                4. Learned counsel for the petitioner has submitted

                   that the orchard does not belong to him and it is a public place

                   accessible to all and the local chowkidar with malicious
           Patna High Court CR. MISC. No.23661 of 2026(2) dt.22-04-2026
                                                       2/2




                     intention has named the petitioner. It has further been submitted

                     that petitioner has got no criminal antecedent.

                                  5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for anticipatory bail of the petitioner.

                                  6. Heard the parties and perused the record, let the

                     above named petitioner, in the event of his arrest/surrender

                     within a period of six weeks from today, be enlarged on

                     anticipatory 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 concerned, Madhubani in

                     connection with Pandaul P.S. Case No. 275 of 2025, subject to

                     conditions as laid down under section 482(2) of the B.N.S.S.

                                  7. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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