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Patna High Court

Somnath PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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