Patna High Court
SHAMBHU PASWANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted as no offence is made out against the petitioners despite the Section 76(2) bar.
Summary
The petitioners, Shambhu Paswan and Avdhesh Paswan, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where police had recovered illicit liquor from a bamboo orchard but not from the petitioners' possession. The petitioners argued they had no criminal antecedent and relied on the Patna High Court's decision in Ram Vinay Yadav v. State of Bihar, which allowed anticipatory bail despite the bar under Section 76(2) when no offence is made out. The State opposed the bail. The Court, noting the lack of recovery from the petitioners and the cited precedent, granted anticipatory bail with specific conditions, including bond, sureties, regular appearances before the trial court and police, and non‑interference with witnesses. The order directed release on bail if arrested within four weeks, subject to compliance with the conditions.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
- Do the facts—no recovery from the petitioners' possession and no prior criminal antecedent—justify granting anticipatory bail?
- Does the FIR allegation constitute an offence under Section 30(a) of the Act?
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- illicit liquor
- bail conditions
- criminal antecedent
- pre‑trial release
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25513 of 2026
Arising Out of PS. Case No.-70 Year-2026 Thana- SARAIYA District- Muzaffarpur
======================================================
1. SHAMBHU PASWAN S/o- Vigan Paswan @ Vigan Pasan R/v- Manikpur
Ps- Saraiya Dist- Muzaffarpur
2. Abdhesh Paswan @ Avadhesh Paswan S/o- Vigan Paswan @ Vigan Pasan
R/v- Manikpur Ps- Saraiya Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-04-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Saraiya P.S. Case No. 70 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act, lodged on 30.01.0226 by the informant, Vijay Kumar
Sharma.
3. As per the prosecution story, the police on secret
information raided the bamboo orchard and recovered 10 litres
of illicit liquor, 200 litres of semi prepared illicit liquor and
besides aforesaid also recovered 900 M.L. foreign illicit liquor
in front of the house of Chandan Kumar. This led to the FIR.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.25513 of 2026(2) dt.22-04-2026
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nothing has been recovered from the conscious possessions of
the petitioners rather recovery is made from bamboo orchard
which is in front of house of Chandan Yadav, further none of the
petitioners have criminal antecedent.
5. Further, learned counsel for the petitioner relied
on the judgment of the Full Bench of Hon’ble Patna High Court
in the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer for anticipatory
bail.
7. Taking into account the submissions of the
parties as also nothing has been recovered from his conscious
possession as also the case of Ram Vinay Yadav(supra), this
Court is inclined to extend the privilege of anticipatory bail with
conditions.
8. Let the petitioners be released on bail in the
event of arrest or surrender within a period of four weeks from
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the receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Exclusive Special Judge Excise-2,
Muzaffarpur, in connection with Saraiya P.S. Case No. 70 of
2026, subject to the following conditions :-
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving) to
show his/her bona fide;
(ii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the
concerned police station every month for six months to mark
their attendance and after the end of the period, the certificate
shall be submitted before the Trial Court failing which steps
shall be taken for the cancellation of the bail bonds;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
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(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
sanjeev/-
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