Patna High Court
Harendra PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions and the requirement of surrender within six weeks.
Summary
The petitioner, Harendra Paswan, was implicated in a case under the Bihar Prohibition & Excise Act for the alleged possession of 34.560 litres of illicit liquor seized from his motorcycle, while another 17.280 litres were seized from a separate scooty. He contended that the motorcycle had been misused by a third party, Niraj Kumar, without his knowledge and asserted his innocence and clean criminal record. The State opposed his request for anticipatory bail. The Court, after considering the facts, the petitioner's clean antecedent, and the possibility of surrender within six weeks, granted conditional bail on the condition of furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order directs the petitioner to surrender before the Special Judge (Excise‑II) at Kaimur within the stipulated period.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in a case under the Bihar Prohibition & Excise Act.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition & Excise Act — s. 30(a), 32(i)(iii), 41(i)(ii)
Subjects
- anticipatory bail
- prohibition and excise
- illicit liquor
- Bihar Prohibition & Excise Act
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29144 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Harendra Paswan S/O Govind Paswan R/O Village- Karma, P.S- Chenari,
Distt.- Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Prohibition & Excise (Bhabhua) P.S. Case No. 91 of 2026,
instituted under Sections 30(a), 32(i)(iii) and 41(i)(ii) of the
Bihar Prohibition & Excise Act.
3. As per the prosecution case, there is recovery of
34.560 litres illicit liquor from a motorcycle bearing
Registration No. BR24AL 8294 and 17.280 litres illicit liquor
from a Scooty bearing Registration No. BR24AS 8214. The
vehicle riders managed to flee away.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case being owner of the motorcycle from which 34.560 litres
Patna High Court CR. MISC. No.29144 of 2026(2) dt.07-05-2026
2/2
liquor was seized. In fact, one Niraj Kumar had taken the
motorcycle of the petitioner who misused his motorcycle
without his knowledge. Petitioner has no concern with the
seized liquor. Petitioner has no criminal antecedent. Petitioner
undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties and clean
antecedent of the petitioner, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge (Excise-II),
Kaimur at Bhabhua in connection with Prohibition & Excise
(Bhabhua) P.S. Case No. 91 of 2026, subject to the conditions
laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha
Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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