Patna High Court
Suraj PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail may be granted subject to conditions because of the petitioner’s clean antecedent and the nature of the allegation.
Summary
The petitioner, Suraj Paswan, sought anticipatory bail after the police alleged that 22.68 litres of liquor were recovered from his house in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, asserting he was not present at the scene and had no connection with the seized liquor, and highlighted his clean antecedent. The State opposed the bail. The Court considered the nature of the allegation, the petitioner’s clean record, and the possibility of surrender within six weeks, and ordered that anticipatory bail be granted on condition of furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also directed compliance with the Exclusive Special Excise Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case arising under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- prohibition and excise
- liquor seizure
- clean antecedent
- Section 30
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29145 of 2026
Arising Out of PS. Case No.-98 Year-2026 Thana- KESARIA District- East Champaran
======================================================
Suraj Paswan S/o Bhagirath Paswan, Resident of Village - Kadhan, P.S. -
Kesariya, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate.
For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Kesariya P.S. Case No.98 of 2026 instituted under Sections
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
22.680 liters from the house of petitioner. It is alleged that
petitioner fled away from the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that the petitioner has no connection
either with the alleged seized liquor or with the house from
where the alleged recovery has been made. Learned counsel
submits that petitioner was not present on the spot and no
Patna High Court CR. MISC. No.29145 of 2026(2) dt.06-05-2026
2/2
incriminating article has been recovered from his conscious
possession. He further submits that petitioner is a young boy of
26 years, having got clean antecedent and he undertakes to
cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner as well as his
clean antecedent, 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/-
(Rupees Ten Thousand) with two sureties of the like amount to
each to the satisfaction of the learned Exclusive Special Excise
Court No.-III, East Champaran, Motihari/ concerned Court in
connection with Kesariya P.S. Case No.98 of 2026, subject to
the conditions laid down in Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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