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Patna High Court

Nagendra PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner with conditions.

Summary

The petitioner, Nagendra Paswan, sought anticipatory bail fearing arrest in a case where 108 litres of illicit liquor were seized from a motorcycle. He contended that neither the liquor nor the motorcycle belonged to him and that the accusation stemmed from a politically motivated informant. The State opposed bail, arguing that the petitioner has two similar prior criminal antecedents, indicating a habitual offender. The Court examined the lack of constructive possession and the fact that the seized vehicle was not owned by the petitioner. Concluding that the prosecution had not established a direct link, the Court granted anticipatory bail subject to stringent conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite prior criminal antecedents.
  • Whether the seizure of illicit liquor and the motorcycle establishes constructive possession linking the petitioner to the offence.
  • Whether the petitioner qualifies as a habitual offender disqualifying him from anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • constructive possession
  • habitual offender
  • Section 274 BNS
  • Section 275 BNS
  • Section 30(a) Bihar Prohibition & Excise Act
  • Section 482(2) BNSS
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27479 of 2026
                     Arising Out of PS. Case No.-425 Year-2025 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Nagendra Paswan S/o Late Machhu Paswan R/o vill - Bakarpur (Bishanpur
                 Sad), P.S.- Rajapakar, Distt.- Vaishali
                                                                        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjit Kumar Thakur, Adv.
                 For the Opposite Party/s :       Mr.Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   13-05-2026                    Heard Mr. Ranjit Kumar Thakur, learned counsel for

                   the petitioner and learned APP for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Rajapakar P.S. Case No. 425 of 2025 for the

                   offence punishable under sections 274, 275 of BNS and section

                   30(a) of Bihar Prohibition & Excise Act, by the informant.

                                3.    As per the prosecution case, there has been

                   recovery of 108 litres of illicit liquor allegedly from the

                   Motorcycle bearing Registration No. BR01JH-6124 kept in a

                   sack.

                                4. Learned counsel for the petitioner submits that

                   neither the recovered illicit liquor belongs to this petitioner nor

                   the motorcycle wherefrom the recovery has been done. The

                   petitioner has been made accused in this case on the basis of

                   disclosure made by the local Chowkidar due to local village
Patna High Court CR. MISC. No.27479 of 2026(3) dt.13-05-2026
                                            2/3




          politics. It has further been submitted that the petitioner is in no

          way connected with the said seizure and nothing incriminating

          has been recovered from his constructive possession.       Learned

          counsel fairly submits that the petitioner has got two similar

          nature of criminal antecedents and he is on bail in both of the

          cases.

                       5. Learned APP opposes the prayer submitting that

          the petitioner has got two criminal antecedents akin to the

          present case which shows that he is a habitual offender, as such,

          he does not deserve the privilege of anticipatory bail.

                       6. Considering the fact that the recovery has not been

          made from the constructive possession of this petitioner and the

          motorcycle from where the seizure is said to have been made

          does not belong to him, this Court is inclined to extend him the

          privilege of anticipatory bail.

                       7. Let the petitioner, above named, be released on

          bail in the event of arrest or surrender within a period of six

          weeks from the receipt of this order, on furnishing bail bond of

          Rs. 10,000/- (Ten thousand) with two sureties of like amount

          each to the satisfaction of learned Exclusive Special Excise

          Court-II-cum-District & Additional Sessions Judge, Vaishali at

          Hajipur in connection with aforesaid PS Case, subject to the
             Patna High Court CR. MISC. No.27479 of 2026(3) dt.13-05-2026
                                                         3/3




                       conditions as laid down under Section 482(2) of the BNSS as

                       well as the following conditions:-

                                                            (i) one of the bailors should be the
                                               family member/relative of the petitioner(s)
                                               who shall provide official document to show
                                               his/her bona fide;
                                                            (ii) the petitioner(s) 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/their        bail
                                               bond by the Trial Court itself;
                                                            (iii) the petitioner(s) 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;
                                                            (iv) the petitioner(s) shall desist
                                               from committing any criminal offence again,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of his/their bail
                                               bonds.



                                                     (Ajit Kumar, J)
    perwez

U      T


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