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Patna High Court

Harendra PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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