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Patna High Court

Pappu PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond of Rs.10,000 and two sureties, on condition of surrender within four weeks.

Summary

Pappu Paswan applied for anticipatory bail fearing arrest in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, where 28 litres of country liquor were seized from land near his residence. The prosecution alleged the liquor was recovered from his property, but the petitioner claimed no incriminating article was found in his possession and he had no prior record under the Act. The State opposed the bail. The Court, after considering the allegations and the petitioner's clean antecedent, ordered that he be released on anticipatory bail if he surrenders within four weeks, subject to a bail bond of Rs.10,000 and two sureties of equal amount, to be approved by the Special Judge of the Excise Court, Hilsa, Nalanda.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 in view of the alleged seizure of liquor and his lack of antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • liquor seizure
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24910 of 2026
                       Arising Out of PS. Case No.-6 Year-2026 Thana- ISLAMPUR District- Nalanda
                 ======================================================
                 Pappu Paswan S/o Lala Paswan R/o Village- Mohiuddin Nagar, P.S.-
                 Islampur, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   22-04-2026                  1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of anticipatory bail apprehending his arrest in connection

                   with Islampur P.S. Case no. 6 of 2026 registered under section

                   30(a) of the Bihar Prohibition and Excise Act, 2016.

                                3. As per the prosecution case, a total of 28 litres of

                   country liquor was recovered from the gair majarua land near

                   the gumti of the petitioner.

                                4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from the petitioner’s

                   possession and the petitioner has no concern with the seized

                   articles. He has no criminal antecedent and undertakes to

                   cooperate in the investigation/trial.
           Patna High Court CR. MISC. No.24910 of 2026(2) dt.22-04-2026
                                                       2/2




                                  5. The application for anticipatory bail is opposed by

                     learned A.P.P. for the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegations against the petitioner in

                     the F.I.R. and specially the petitioner not having any antecedent

                     under the Bihar Prohibition and Excise Act, 2016, it is directed

                     that the petitioner above named, in the event of his arrest or

                     surrender before the learned Court below within a period of four

                     weeks, be released on anticipatory bail in connection with

                     Islampur P.S. Case no. 6 of 2026 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 Special Judge

                     Excise Court, Hilsa, Nalanda.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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