Patna High Court
Gyandev Paswan @ Gyani PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail should be granted to the petitioners with specified conditions.
Summary
The petitioners, seven members of the Paswan family, sought anticipatory bail fearing arrest in a case (Hajipur Sadar PS Case No. 67 of 2026) involving alleged offences under the Bihar Narcotic Substances Act, the Indian Penal Code and the Bihar Prohibition and Excise Act, based on a police raid that seized 12.05 litres of country‑made liquor. The petitioners contended that the police fabricated the allegations, that no seizure was from their conscious possession, and that they have no criminal antecedent. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, they argued that anticipatory bail could be granted despite the bar under Section 76(2) of the Prohibition and Excise Act if no offence is made out. The Court examined the lack of concrete evidence against the petitioners and the cited precedent, and consequently granted anticipatory bail with a Rs 10,000 bond per petitioner and several conditions, including a contribution to the Chief Minister’s Relief Fund. The order directs that the bail be effective if the petitioners are arrested or surrender within four weeks.
Issues considered
- Whether anticipatory bail can be granted in a case arising under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the allegations in the FIR constitute sufficient ground for arrest of the petitioners.
- Whether the petitioners have any prior criminal record that would preclude anticipatory bail.
- What conditions, if any, should be imposed on the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 132, 3(5), 351(2), 351(3), 352
- Indian Penal Code — s. 323, 34, 341, 353, 504, 506
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- seizure of liquor
- bail conditions
- criminal procedure
- pre‑emptive bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25514 of 2026
Arising Out of PS. Case No.-67 Year-2026 Thana- HAJIPUR SADAR District- Vaishali
======================================================
1. Gyandev Paswan @ Gyani Paswan Son of Baleshwar Paswan Resident Of
Village - Bishanpur, Basant Subhai, P.S. - Hajipur Sadar, Dist. - Vaishali.
2. Rohit Kumar @ Rahul @ Mugdun Son of Gyandev Paswan @ Gyani
Paswan Resident Of Village - Bishanpur, Basant Subhai, P.S. - Hajipur
Sadar, Dist. - Vaishali.
3. Rohan Kumar Son of Gyandev Paswan @ Gyani Paswan Resident Of
Village - Bishanpur, Basant Subhai, P.S. - Hajipur Sadar, Dist. - Vaishali.
4. Rakesh Kumar @ Rakesh Paswan Son of Baleshwar Paswan Resident Of
Village - Bishanpur, Basant Subhai, P.S. - Hajipur Sadar, Dist. - Vaishali.
5. Manoj Paswan @ Manoj Kumar Paswan Son of Baleshwar Paswan Resident
Of Village - Bishanpur, Basant Subhai, P.S. - Hajipur Sadar, Dist. - Vaishali.
6. Lalbabu Paswan Son of Baleshwar Paswan Resident Of Village - Bishanpur,
Basant Subhai, P.S. - Hajipur Sadar, Dist. - Vaishali.
7. Kundan Kumar @ Kundan Paswan Son of Lalbabu Paswan Resident Of
Village - Bishanpur, Basant Subhai, P.S. - Hajipur Sadar, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivjee Singh
For the Opposite Party/s : Mr.Nand Kumar
======================================================
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 Hajipur Sadar P.S. Case No. 67 of 2026, for the
offence under sections 126(2), 115(2), 132, 352, 351(2), 351(3),
3(5) of B.N.S., 2023 corresponding to Section 341, 323, 353,
504, 506, 34 of the Indian Penal Code and Sections 30(a), 45 of
the Bihar Prohibition and Excise Act, 2022 lodged on
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30.01.2026 by the informant, Sanjeev Kumar.
3. As per the F.I.R., the on information police
raided the house of Gyandev Paswan (petitioner No.1) and
recovered / seized 12.05 litres country-made liquor from his hut,
however, Gyandev Paswan refused to sign the seizure list and
his family members ensures that he escaped. This led to the FIR.
4. Learned counsel for the petitioners submits that
the police planted the story and implicate the entire family
members in this case. Learned counsel further submits that the
petitioners have no 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 counsel for the petitioners further
submits that without accepting the allegation and/or the outcome
of the present petition, learned counsel for the petitioners
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submits that he intends to contribute Rs.1000/- each (totalling
Rs. 7000/-) to the Chief Minister's Relief Fund.
7. Learned APP opposes the prayer submitting that
two fold allegation is of seizure from the hut of petitioner No.1
followed by prohibiting the police from doing their duty against
the other petitioners.
8. Taking into account the submissions of the
parties as also nothing has been recovered from conscious
possession of the petitioner and there is omnibus allegation
against all of them and also the case of Ram Vinay Yadav
(supra), in that background, this Court is inclined to extend him
the privilege of anticipatory bail with conditions.
9. Let the petitioners be released on bail in the
event of arrest or surrender within a period of four weeks from
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 Excise Court No.I-
cum-Additional District and Sessions Judge, Vaishali at Hajipur,
Hajipur Sadar P.S. Case No. 67 of 2026, with a condition that
subject to payment of Rs.7000/- to the Chief Minister's Relief
Fund and subject to the further following conditions :-
(i) one of the bailor should be the family
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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;
(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/-
U T
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