Patna High Court
Chunnu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that the petitioner is entitled to anticipatory bail, subject to a cash deposit, sureties and the condition of cooperating with the investigation.
Summary
The petitioner, Chunnu Paswan, sought anticipatory bail after a FIR alleged that 70.020 litres of foreign liquor were seized from a vehicle, and he was identified by a local watchman despite not owning or possessing the vehicle. The State opposed bail, citing three prior criminal cases, one of similar nature, though the petitioner was already on bail in those matters. The petitioner offered to deposit Rs.5,000 with the High Court Legal Services Committee and proposed a bail bond of Rs.10,000 with two sureties. The court considered the allegations, the petitioner’s lack of direct involvement, and his willingness to cooperate, and ordered that he be released on bail if arrested, subject to the stipulated conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS 2023. The bail order required a cash deposit, sureties, and cooperation with the investigation, with provision for cancellation upon non‑compliance.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 Cr.P.C. and Section 482 BNSS despite the allegations under the Bihar Prohibition and Excise Act, 2022.
- Whether the petitioner’s prior criminal antecedents, including a similar offence, preclude the grant of bail.
- What conditions, if any, should be imposed on the bail to ensure compliance with the investigation.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- foreign liquor seizure
- criminal antecedents
- bail conditions
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25940 of 2026
Arising Out of PS. Case No.-155 Year-2026 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Chunnu Paswan S/O Heera Paswan R/O Village - Rajwara, P.S- Sahebganj,
District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2022.
3. The allegation in the First Information Report is
that 70.020 litres of foreign liquor has been recovered from a
Wagon-R vehicle bearing Registration No.BR01AX1870.
4. Learned counsel for the petitioner submits that the
petitioner is neither the owner of the vehicle nor has any
concern with the seized vehicle. There is no recovery from
personal or conscious possession of the petitioner. The name of
the petitioner has transpired on the basis of vague identification
made by the local Chaukidar.
Patna High Court CR. MISC. No.25940 of 2026(2) dt.24-04-2026
2/3
5. Learned APP for the State opposed the prayer for
anticipatory bail and submits that the petitioner has three
criminal antecedents out of which one antecedent is of similar
nature. However, in response it has been submitted that the
petitioner is on bail in all cases.
6. Petitioner has offered to deposit a sum of
Rs.5,000/- (Rupees Five Thousand) in Patna High Court Legal
Services Committee, Patna, bearing Account
No.1413010060836, IFSC Code: PUNB0141320, Punjab
National Bank, Bar Council Branch, Patna.
7. Taking into consideration the facts and
circumstances of the case, let the above named petitioner, be
released on bail, in the event of his arrest or surrender before the
learned Court below within a period of four 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
the learned Court below where the case is pending/successor
Court in connection with Sahebganj P.S. Case No. 155 of 2026,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, subject to condition(s) that:
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother,
Patna High Court CR. MISC. No.25940 of 2026(2) dt.24-04-2026
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sister and/or his wife.
(ii) The petitioner shall co-operate with the
investigation, if not already concluded and
make himself available as and when so
required, failing which the prosecution will
be at liberty to move cancellation of his bail
bond.
8. The bail bond of the petitioner shall be accepted by
the learned Court below on showing receipt of deposit of the
aforesaid amount in the account of Patna High Court Legal
Services Committee, Patna.
(Soni Shrivastava, J)
anand/-
U T
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