Patna High Court

Mahadev PaswanversusThe State of Bihar

Decided: 2 July 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court denied anticipatory bail, holding that the petition did not satisfy the criteria for such relief.

Summary

Mahadev Paswan applied for anticipatory bail after the police recovered 44 litres of country-made liquor from his hut, alleging offences under Sections 274 and 275 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner feared arrest and sought protection from custody. The Court examined the merits of the bail application in light of a Full Bench precedent, Ram Vinay Yadav v. State of Bihar (2019). Relying on that decision, the Court found that the circumstances did not warrant the grant of anticipatory bail. Consequently, the petition for anticipatory bail was rejected, leaving the petitioner subject to the regular criminal process.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances of the case

Legislation cited

Bihar Prohibition and Excise Act — s. 30(a)
B.N.S. — s. 274, 275

Subjects

anticipatory bail
illegal liquor
prohibition law
excise law
Section 274 B.N.S.
Section 275 B.N.S.
Section 30(a) Bihar Prohibition and Excise Act

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No. 30627 of 2026
                          Arising Out of PS. Case No.-29 Year-2026 Thana- Jaitpur District- Muzaffarpur
                    ======================================================
                    Mahadev Paswan S/O Late Mathur Paswan Resident of Village- Muza, P.S.-
                    Jaitpur, Dist- Muzaffarpur.
                                                                           ... ... Petitioner/s
                                                  Versus
                    The State of Bihar
                                                                    ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :         Mr.Sumit Jha
                    For the Opposite Party/s :         Mr.Arun Kumar
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

3      02-07-2026                    Heard learned counsel for the petitioner and learned

                      A.P.P. for the State.

                                   2. The petitioner apprehends arrest in a case registered

                      for the offence punishable under Section 274, 275 of the B.N.S.

                      and Section 30(a) of the Bihar Prohibition and Excise Act.

                                   3. As per the prosecution case, 44 liters of country-

                      made liquor was recovered from the hut of the petitioner.

                                   4. Considering the Full Bench decision of this Court

                      rendered in the case of Ram Vinay Yadav vs. The State of Bihar

                      reported in 2019(2) P.L.J.R. 1089 (F.Β.), the prayer for

                      anticipatory bail of petitioner is rejected.



                                                       (Prabhat Kumar Singh, J)
anay

U        T

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