Patna High Court
Nagendra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bihar Narcotic Substances Act — s. 274, 275
- Bihar Prohibition & Excise Act — s. 30(a)
- BNSS — s. 482(2)
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
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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
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