Patna High Court

Babu Sahab PaswanversusThe State of Bihar

Decided: 17 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court held that anticipatory bail should be granted, subject to a bond, sureties, and conditions under Section 482(2) of the B.N.S.S., 2023.

Summary

Babu Sahab Paswan sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for possession of 40 litres of illicit Mahua liquor seized from a motorcycle. The prosecution’s case relied mainly on a disclosure statement by co‑accused Rohit Kumar, with no material seized from Paswan’s possession. Paswan’s counsel argued his innocence, lack of any incriminating evidence, and his willingness to cooperate, while the State opposed bail. The Court considered the nature of the allegation, the lack of direct evidence, and the statutory provisions, and ordered that Paswan be released on bail if arrested within six weeks, upon furnishing a Rs 10,000 bond and two sureties, subject to conditions under Section 482(2) of the B.N.S.S., 2023. The order effectively granted anticipatory bail with specified conditions.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the co‑accused’s disclosure statement alone suffices to deny bail.
Whether the conditions prescribed under Section 482(2) of the B.N.S.S., 2023 are applicable to the bail order.

Legislation cited

B.N.S.S., 2023 — s. 482(2)

Subjects

anticipatory bail
Section 30(a)
illicit liquor
Mahua
Bihar Prohibition and Excise Act
bail conditions
co‑accused statement
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24048 of 2026
                    Arising Out of PS. Case No.-71 Year-2025 Thana- HASAN BAZAR District- Bhojpur
                 ======================================================
                 Babu Sahab Paswan S/o Butan Paswan @ Surendra Paswan @ Sumendra
                 paswan Resident of Village - Majhiaw, P.S.- Hasanbazar, District- Bhojpur.
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar.                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Singh, Advocate.
                 For the Opposite Party/s :      Mr. Mohammed Arif, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection with

                   Hasan Bazar P.S. Case No.71 of 2025 registered under Section

                   30(a) of Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 40 liters of illicit

                   country made Mahua liquor was recovered from an Apache

                   motorcycle bearing Reg. No. BR-04R-7316. It is alleged that

                   petitioner managed to flee away from the spot.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case based merely upon the disclosure statement made by the

                   co-accused Rohit Kumar. He further submits that the petitioner

                   has no concern either with the alleged seized liquor or with the

                   seized motorcycle as the same does not belong to him. Learned

                   counsel submits that petitioner was not present on the spot and
              Patna High Court CR. MISC. No.24048 of 2026(2) dt.17-04-2026
                                                          2/2




                        no incriminating material has been recovered from his conscious

                        possession. He further submits that except the disclosure

                        statement, there is no material against the petitioner. Learned

                        counsel submits that petitioner has one criminal antecedent, in

                        which he is on bail and he undertakes to cooperate in the

                        investigation and trial of the case.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the

                        case, submissions of learned counsel for the parties and the

                        nature of allegation leveled against the petitioner, in the event of

                        arrest or surrender before the Court below within six weeks

                        from today, the petitioner be released on bail upon furnishing

                        bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                        sureties of the like amount each to the satisfaction of the learned

                        Exclusive Special Excise Court No.2, Bhojpur at Ara/ concerned

                        Court in connection with Hasan Bazar P.S. Case No.71 of 2025,

                        subject to the conditions as laid down under Section 482(2) of

                        the B.N.S.S., 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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