Patna High Court
Somnath PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
Anticipatory bail was denied because the five‑year delay and the seriousness of the allegations outweighed the petitioner’s arguments.
Summary
The petitioner, Somnath Paswan, applied for anticipatory bail fearing arrest in a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging possession of 2.4 litres of IMFL recovered from his father’s motorcycle. He contended that no incriminating article was found on him, he has no criminal record and is willing to cooperate with the investigation. The State opposed the bail, arguing the seriousness of the offence. The Court noted a five‑year delay in filing the anticipatory bail application and considered the allegations against the petitioner. Consequently, the Court refused to grant anticipatory bail, directing that regular bail may be considered if the petitioner surrenders. The order emphasizes that delay and the nature of the offence outweigh the petitioner’s claims.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite a five‑year delay in filing the application.
- Whether the petitioner’s lack of antecedent and willingness to cooperate justify anticipatory bail in a case involving alleged possession of illicit liquor.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illegal liquor
- delay in bail application
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27550 of 2026
Arising Out of PS. Case No.-11 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
District- Kishanganj
======================================================
Somnath Paswan Son of Bijay Paswan Resident of Village - Dumaria Bhatta,
P.S.- Kishanganj, District - Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate
Mr. Sarvottam Kumar, Advocate
For the Opposite Party/s : Mr. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Special Case no.316 of 2020, arising out of P.R. no.11 of
2020-21 registered under section 30(a) of the Bihar Prohibition
and Excise Act, 2016.
3. As per the prosecution case, two 750 ml bottles of
royal stag and five tetra packs of 180 ml each ie a total of 2.4
litres of IMFL is said to have recovered from the motorcycle
belonging to the father of the petitioner.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the possession of
the petitioner who has been falsely implicated in the case. He
Patna High Court CR. MISC. No.27550 of 2026(2) dt.29-04-2026
2/2
has no criminal antecedent and undertakes to cooperate in the
investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner
and especially the delay of 5 years in moving the Court for
anticipatory bail, the Court is not inclined to enlarge the
petitioner on anticipatory bail and the application is rejected.
7. In case the petitioner surrenders and prays for
regular bail, the same shall be considered without being
prejudiced by this order of rejection.
(Partha Sarthy, J)
Shiv/-
U T
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