Patna High Court
Mukul PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- Criminal Procedure Code — s. 438(2)
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
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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
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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/-
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