Patna High Court
Kaushal PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted where the FIR does not make out an offence under the Bihar Prohibition and Excise Act, notwithstanding Section 76(2), and therefore granted bail with conditions.
Summary
The petitioners, Kaushal Paswan and Indrajeet Paswan, feared arrest in a case (Belsand PS No.55/2026) under Section 30(a) of the Bihar Prohibition and Excise Act after a chowkidar identified them as having escaped with seized country‑made liquor. They contended that the allegation was based solely on the chowkidar’s testimony, that no liquor was found in their possession, and that one petitioner’s prior criminal record and personal enmity motivated the charge. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, they argued that anticipatory bail could be granted despite the statutory bar in Section 76(2) if the FIR does not disclose a cognizable offence. The court accepted this reasoning, finding that the FIR did not make out an offence against the petitioners, and consequently granted anticipatory bail subject to stringent conditions. The order directed the petitioners to furnish a bail bond, appear before the police and trial court as required, and refrain from tampering with evidence or committing further offences.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) of the Act?
- Does identification by a chowkidar, without seizure of liquor from the petitioners, constitute sufficient ground to deny anticipatory bail?
- Is the absence of possession and lack of a made‑out offence sufficient to justify granting anticipatory bail?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- FIR
- seizure of liquor
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30464 of 2026
Arising Out of PS. Case No.-55 Year-2026 Thana- BELSAND District- Sitamarhi
======================================================
1. Kaushal Paswan S/o Late Mahendra Paswan Resident of Village- Saraiya
Ward No.13, P.S.- Belsand, District - Sitamarhi
2. Indrajeet Paswan @ Indrajeet Kumar S/o Subindra Paswan Resident of
Village- Saraiya Ward No.13, P.S.- Belsand, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Adv.
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 13-05-2026 Heard the parties.
2. The petitioners apprehend their arrest in connection
with Belsand P.S Case no. 55/2026 for the offence registered
under sections 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution story, the Police reached
near the ITI College and near the water tank, there is
recovery/seizure of 11 liter country made liquor. The Chowkidar
gave the name of the persons who escaped, petitioners included.
This led to the FIR.
4. Learned counsel for the petitioners submit that only
because of the criminal antecedent of one of the petitioner and
enmity with the Chowkidar, they have been implicated. They
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undertake not to indulge in any criminal activity, if granted
relief.
5. Further, learned counsel for the petitioners 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
Chowkidar has named them.
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 their conscious
possession, in that background, this Court is inclined to extend
him the privilege of anticipatory bail with conditions.
8. Let the petitioners 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 Exclusive Special Excise Court No. II,
Sitamarhi in connection with Belsand P.S Case no. 55/2026
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall be appearing before the
Police Station as and when required for co-operating in the
investigation;
(iii) the petitioners 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 their bail bond by the Trial Court itself;
(iv) the petitioners 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 their bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U
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