Patna High Court
JITENDRA PASWAN @ JITENDRA KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 132, 2(1)(d), 3(5), 351(2), 352, 482(2)
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
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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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