Patna High Court
Shankar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that the petitioner is entitled to anticipatory bail as there is no prima facie case against him under the Excise Act.
Summary
The petitioner, Shankar Paswan, sought anticipatory bail in a case where he was named as the registered owner of a motorcycle from which liquor was allegedly seized. He argued that he had sold the motorcycle to co-accused Vinod Kumar on 14-12-2024 and was not riding it at the time of the seizure, and that the co-accused did not implicate him in the alleged offence. The State opposed the bail but conceded that only Vinod Kumar was riding the motorcycle. The Court examined the facts, the sale deed, and the lack of any direct involvement by the petitioner, and found no prima facie case against him under the Bihar Prohibition and Excise Act. Consequently, the Court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner, as the registered owner of the seized motorcycle, can be held liable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS despite the FIR.
- Whether the sale of the motorcycle to the co-accused severs liability of the petitioner.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3), 76(2)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- motorcycle ownership
- criminal procedure
- Section 482
- Section 30
- Section 32
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33400 of 2026
Arising Out of PS. Case No.-2192 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Shankar Paswan, Son of Rameshwar Paswan, Resident of village - Goriya,
P.S.- Turki, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ayush Kumar, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 14-05-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Muzaffarpur Excise P.S. Case No. 2192 of 2025 registered
for the offences punishable under Sections 30(a) and 32(3) of
the Bihar Prohibition and Excise Act (in short ‘ Excise Act’).
3. Mr. Ayush Kumar, learned counsel appearing for
the petitioner, submits that the case of the prosecution is that one
person was found riding a motorcycle and the alleged liquor was
recovered from his possession. It is not the case of the
prosecution that more than one person was riding the
motorcycle at that time. Though the petitioner is shown as the
registered owner of the seized motorcycle in the registration
document but in fact, he had sold the said motorcycle to co-
accused Vinod Kumar on 14.12.2024, who was apprehended at
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the spot. In this regard, a copy of the sale letter has been filed
with this petition as Annexure-P/2. It is further submitted that
the petitioner has no criminal antecedent and has been made an
accused mainly on account of his being the registered owner of
the motorcycle in the registration document. Further, the
apprehended co-accused did not disclose any role of the
petitioner in the trafficking of the alleged liquor when he was
apprehended by the police. Hence, the alleged offences under
the Excise Act, for which the FIR has been registered, are not
attracted even prima facie against the petitioner, and therefore,
his prayer is not hit by the provisions of Section 76(2) of the
Excise Act.
4. Though the learned APP for the State has opposed the
prayer for bail of the petitioner but he fairly accepts that only
one person, namely the co-accused Vinod Kumar, was riding the
alleged motorcycle and was apprehended with the alleged
liquor.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as the
above submissions, this Court is inclined to grant the relief of
anticipatory bail to the petitioner. Accordingly, let the petitioner
named-above, in the event of his arrest or surrender before the
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learned Court below within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the Court concerned in
connection with Muzaffarpur Excise P.S. Case No. 2192 of
2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
(Shailendra Singh, J)
maynaz/krishna-
U T
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