Patna High Court
Raja PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond and sureties under Section 482(2) of the BNSS.
Summary
The petitioner, Raja Paswan, applied for anticipatory bail after learning that he might be arrested in a case (P.S. Case No. 23 of 2026) alleging his involvement in the manufacture of illicit country-made liquor under Sections 30(a) and 30(d) of the Bihar Prohibition & Excise Amendment Act. The prosecution claimed that a police raid recovered liquor and that the petitioner fled the scene, while the petitioner contended he was falsely implicated, no contraband was found on him, and the procedural safeguards of Section 103 of the Bharitya Nagrik Suraksha Sanhita (BNSS) were not observed. The State opposed the bail, citing the seriousness of the offence and the petitioner’s prior criminal record. The court examined the nature of the allegations, the lack of direct possession, and the statutory provisions governing anticipatory bail. It ordered that the petitioner be granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties of equal amount, under Section 482(2) of the BNSS, and directed that the order stand if he surrenders within six weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in view of the alleged offences under the Bihar Prohibition & Excise Amendment Act.
- Whether the procedural requirements of Section 103 of the BNSS were complied with in the investigation.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita (BNSS) — s. 103, 482(2)
- Bihar Prohibition & Excise (Amendment) Act — s. 30(a), 30(d)
Subjects
- anticipatory bail
- Section 482
- Section 103
- Bihar Prohibition & Excise Amendment Act
- illicit liquor
- criminal antecedents
- bail bond
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34370 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- Panchanpur District- Gaya
======================================================
Raja Paswan S/o Vinod Paswan R/o village- Malsari, P.S- Panchanpur,
District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar, Adv
For the Opposite Party/s : Mr.Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in
connection with Panchapur P.S. Case No. 23 of 2026 registered
for the offences punishable under Sections 30(a) & 30(d) of the
Bihar Prohibition & Excise Amendment Act.
3. As per the prosecution case, when the police party
reached a Malsari forest upon the secret information that
petitioner along with co-accused persons Ramji Manjhi and
Kanchan Paswan are involved in the manufacturing of illicit
country made liquor. The said area was raided, co-accused
Ramji Paswan was apprehended on the spot and total 25 liters of
illicit country made liquor and 600 liters of jawa mahua was
recovered. It has alleged that petitioner managed to flee away
Patna High Court CR. MISC. No.34370 of 2026(2) dt.19-05-2026
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from the place of occurrence.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has been falsely implicated in
this case. It has further been submitted that the petitioner was
not arrested at the spot and nothing was recovered from his
conscious possession. It has also been submitted that the
procedure prescribed under Section 103 of the BNSS has not
been followed. Lastly, it has been submitted that although the
petitioner has two criminal antecedents, one of which relates to
a similar offence, he is on bail in both cases. Moreover, the
police has implicated the petitioner due to a pending Excise
Case against him.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
in connection with Panchapur P.S. Case No. 23 of 2026, subject
Patna High Court CR. MISC. No.34370 of 2026(2) dt.19-05-2026
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to the conditions as laid down under Section 482(2) of the
Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
niku/rupa/-
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