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Patna High Court

JITENDRA PASWAN @ JITENDRA KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a Rs 30,000 bail bond and conditions prescribed under Sections 2(1)(d) and 482(2) of the Bharatiya Nyaya Sanhita, 2023.

Summary

The petitioner, Jitendra Paswan, was named in an FIR for alleged illicit liquor offences under the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise (Amendment) Act, 2022, with 20.94 litres of liquor recovered from a public wheat field. He claimed innocence, arguing that nothing was found in his possession and that the police were acting vindictively because of his prior criminal history, though none of his five pending cases relate to excise matters. The State opposed his bail application. The High Court, after considering the facts and the pending cases, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 30,000 and comply with conditions under Sections 2(1)(d) and 482(2) of the Bharatiya Nyaya Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the existence of pending criminal cases unrelated to excise offences precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • excise law
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition Act
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26994 of 2026
                     Arising Out of PS. Case No.-59 Year-2026 Thana- BARGAINIA District- Sitamarhi
                 ======================================================
                 JITENDRA PASWAN @ JITENDRA KUMAR Son of Late Mahendra
                 Paswan Resident of Village Musachak Balua Tola, P.S.- Bairgania, District -
                 Sitamarhi.

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Surendra Kishore Thakur, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Bairgania P.S. Case No. 59 of 2026 lodged on 01.03.2026,

                   for the offence punishable under Sections 126(2), 115(2), 132,

                   352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and

                   section 30(a) of the Bihar Prohibition and Excise (Amendment)

                   Act, 2022.

                                3. As per the prosecution, FIR has been lodged against

                   two named accused persons including the present petitioner and

                   12-15 unknown persons. Total recovery of 20.94 litres of illicit

                   liquor has been made, which is the subject matter of the present

                   case.
Patna High Court CR. MISC. No.26994 of 2026(2) dt.22-04-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that nothing has been recovered from the conscious

          possession of the petitioner and the alleged recovery has been

          made from an open wheat field which is accessible to public.

          Counsel further submits that the police have adopted a

          vindictive attitude towards the petitioner on the ground that his

          criminal antecedents are not clean, as there are five cases

          pending against him, in which, in four cases, he is on bail and in

          one case, he is acquitted. Counsel submits that none of those

          pending cases are related to excise matter.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner but fairly submits that as per para 3 of the

          bail application, it transpires that though, there are five cases

          pending against the petitioner, but none of them are related to

          excise matter.

                       6. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          Trial Court within a period of 4 weeks from today, on furnishing

          bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

          mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
             Patna High Court CR. MISC. No.26994 of 2026(2) dt.22-04-2026
                                                         3/3




                       satisfaction of Exclusive Special Excise Court No.1, Sitamarhi,

                       in connection with Bairgania P.S. Case No. 59 of 2026 , subject

                       to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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