Patna High Court
Basant PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Basant Paswan, sought anticipatory bail after the police recovered 100 litres of illicit liquor under Section 30(a) of the Bihar Excise Act and alleged his involvement. Paswan contended he had no possession of the liquor and was falsely implicated, citing his two prior criminal antecedents as the only link. The State opposed the bail, but the court noted that co‑accused in similar circumstances had already been granted anticipatory bail. Considering the nature of the allegation, the petitioner's cooperation, and the precedent of bail to co‑accused, the court ordered that Paswan be released on bail if arrested or surrendered within six weeks, upon furnishing a Rs.10,000 bond with two sureties. The bail was conditioned on compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 justify granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Section 30
- Section 482
- bail bond
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24268 of 2026
Arising Out of PS. Case No.-564 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Basant Paswan, Son of Ramjanam Paswan, Resident of Village- Dhanauji,
Ward No 04., P.S.- Pakaridayal, District- East Champaran at Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in a case registered
under Section 30(a) of Bihar Excise Act.
3. As per prosecution case, 100 liters illicit liquor was
recovered from the bank of pond situated at Dhanauji Sareh.
4. Learned counsel appearing on behalf of the petitioner
submits that petitioner is innocent and has falsely been
implicated in the present case due to his two criminal
antecedents. Further submission is that petitioner has no concern
with the seized liquor. Nothing has been recovered from the
conscious possession of the petitioner. Similarly situated co-
accused persons have already been granted anticipatory bail by
a Co-ordinate Bench of this Court vide order dated 16.04.2026
Patna High Court CR. MISC. No.24268 of 2026(2) dt.17-04-2026
2/2
passed in Cr. Misc. No. 23602 of 2026. Petitioner undertakes to
cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances
of the case, submissions of learned counsel for the parties,
nature of allegation and the fact that similarly situated co-
accused persons have been granted anticipatory bail, let the
above named petitioner be released on bail, in the event of arrest
or surrender before the Court below within a period of six
weeks from today, on furnishing bail bond of Rs. 10,000
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Court No. 3, East Champaran at Motihari, in connection with
Pakaridayal P.S. Case No. 564 of 2025, subject to the conditions
as laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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