Patna High Court
Ritesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted to the petitioner with conditions, as no offence under the Act was made out against him.
Summary
Ritesh Paswan applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged seizure of 50 litres of country-made liquor. The prosecution alleged that the liquor was intercepted from a motorcycle, but the petitioner contended he neither owned nor was driving the vehicle and was named only due to his criminal antecedent. The petitioner relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail applications under the Excise and Prohibition Act despite the bar in Section 76(2) if no offence is made out. The State opposed the bail, citing the petitioner’s prior criminal record. The Court, considering the lack of possession, ownership, and the cited precedent, granted anticipatory bail with a set of conditions including bond, sureties, regular appearances, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the petitioner’s alleged involvement in the seizure of liquor constitutes an offence under Section 30(a).
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27816 of 2026
Arising Out of PS. Case No.-372 Year-2025 Thana- Raghunathpur District- East Champaran
======================================================
Ritesh Paswan S/o Arbind Paswan R/o vill- Raghunathpur, Ps- Raghunathpur,
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the State : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 29-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Raghunathpur P.S. Case No. 372 of 2025 for
the offence under sections 30(a) of the Bihar Prohibition and
Excise Act lodged on 23.12.2025 by the informant, Neelam
Kumari.
3. As per the prosecution story, the informant alleged
that on secret information, a motorcycle was intercepted and
there is recovery/seizure of 50 liter country made liquor. This
led to the FIR.
4. Learned counsel for the petitioner submits that only
because of criminal antecedent, the locals have named him. He
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was neither driving the vehicle nor is owned by him.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that he
has criminal antecedent.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from his conscious
possession, neither he owns the vehicle nor he was driving, in
that background, this Court is inclined to extend him the
privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four 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
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satisfaction of learned Special Judge, Excise Court No.1,
Motihari, East Champaran in connection with Raghunathpur
P.S. Case No. 372 of 2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner 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
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner 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;
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(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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