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Patna High Court

Mukul PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, holding that the FIR does not disclose a cognizable offence and the bar under Section 76(2) is not applicable.

Summary

Mukul Paswan, the registered owner of a motorcycle from which 36 litres of illegal Nepalese liquor was seized, sought anticipatory bail fearing arrest under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The prosecution alleged the bike was used to transport contraband, but no liquor was found in Paswan's personal possession and he has no criminal record. Paswan’s counsel relied on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite the statutory bar if the FIR does not disclose a cognizable offence. The court, after considering the submissions and the precedent, granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C. and a bail bond of Rs.10,000 with two sureties. The order directs regular appearances before police and courts and imposes strict compliance requirements.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 Cr.P.C. in a case under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) of that Act.
  • Whether the facts alleged in the FIR constitute an offence that would preclude anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illegal liquor
  • Section 438 Cr.P.C.
  • Section 76(2) bar
  • seizure of contraband
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30586 of 2026
                      Arising Out of PS. Case No.-677 Year-2026 Thana- Excise P.S. District- Sitamarhi
                 ======================================================
                 Mukul Paswan Gajendra Paswan Resident of Village - Riga, Ward No.3, P.S.-
                 Riga, Dist. - Sitamarhi.

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ashok Kumar Jha, Advocate.
                 For the Opposite Party/s :         Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   18-05-2026                    1. Heard the parties through virtual mode.

                                2. The petitioner is apprehending arrest in connection

                   with Excise Sitamarhi P.S. Case No. 677 of 2026 instituted

                   under Sections 30(a) and 32(3) of the Bihar Prohibition and

                   Excise Act.

                                3. As per the prosecution story, on 16.03.2026 at

                   about 06:00 P.M., the armed forces, during routine checking

                   near Border Pillar No. 337/14, intercepted a motorcycle bearing

                   Chassis No. MBLHAW235PHD83832 and upon search,

                   recovered 36 liters of illegal Nepalese liquor from its

                   possession. It further transpires from the FIR as well as the

                   seizure list that the petitioner is the registered owner of the

                   aforesaid seized motorcycle, which was allegedly being used in

                   transportation of the contraband liquor. This led to the FIR.
Patna High Court CR. MISC. No.30586 of 2026(2) dt.18-05-2026
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                       4. Learned counsel for the petitioner submits that he

          has no criminal antecedent, the motorcycle was merely parked,

          it is owned by him and no recovery has been attributed to him in

          the present case.

                       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 our 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, Mr. Manoj Kumar opposes the prayer

          for anticipatory bail.

                       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 of the petitioner, in that background this Court is

          inclined to extend him the privilege of anticipatory bail.

                       8. Let the petitioner be released on bail, in the event

          of his arrest or surrender before the concerned court within a

          period of four weeks from the receipt of this order, on furnishing
Patna High Court CR. MISC. No.30586 of 2026(2) dt.18-05-2026
                                            3/4




          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each in connection with Excise Sitamarhi P.S.

          Case No. 677 of 2026 to the satisfaction of learned Exclusive

          Special Excise Court No. II, Sitamarhi subject to the conditions

          as laid down under Section 438(2) of the Cr.P.C. as also the

          other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) 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 day for one month and later every fortnight

          for next six months to mark his attendance and at the end of the

          period a certificate be submitted before the Trial Court failing

          which the State shall be at liberty to take steps for cancellation
           Patna High Court CR. MISC. No.30586 of 2026(2) dt.18-05-2026
                                                       4/4




                     of 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;

                                  (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)
Nirmal/-

U      T


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