Patna High Court
Vikash PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bond, sureties and surrender within six weeks.
Summary
Vikash Paswan, the brother of co-accused Rakesh Paswan, applied for anticipatory bail after being implicated in a case (Noorsarai P.S. Case No. 679 of 2025) involving the recovery of pistols, cartridges, wine and cash from Rakesh's room. The petitioner argued that he does not reside at the premises, has no criminal record, and that the search and seizure were not conducted in accordance with Section 103 of the Bharitya Nagrik Suraksha Sanhita (BNSS). The State, represented by the Additional Public Prosecutor, opposed the bail on the ground of the seriousness of the offences under the Bihar Prohibition and Excise Amendment Act and the Arms Act. The Court examined the factual matrix, the alleged procedural irregularities and the scope of anticipatory bail under Section 482(2) of the BNSS. It held that bail could be granted subject to a bond and sureties, and conditioned on the petitioner surrendering within six weeks if arrested. Consequently, the anticipatory bail application was allowed.
Issues considered
- What is the applicability of anticipatory bail under Section 482(2) of the BNSS to the petitioner?
- Whether the alleged non‑compliance with Section 103 of the BNSS in the search and seizure warrants denial of bail?
- Whether the petitioner’s familial relationship to the co‑accused and alleged joint ownership of the property justify his inclusion as an accused.
Legislation cited
- Arms Act — s. 25(1‑Ba), 26, 35
- Bharitya Nagrik Suraksha Sanhita (BNSS) — s. 103, 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- anticipatory bail
- search and seizure
- procedural lapse
- arms act
- prohibition act
- joint property
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34741 of 2026
Arising Out of PS. Case No.-679 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
Vikash Paswan S/o of Chando Paswan Resident of Village- Dahpar, P.S.-
Noorsarai, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar .
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh, Adv
For the Opposite Party/s : Mr.Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in
connection with Noorsarai P.S. Case No. 679 of 2025 registered
for the offences punishable under Section 30(a) of Bihar
Prohibition and Excise Amendment Act and Sections 25(1-B)a,
26, 35 of the Arms Act.
3. As per the prosecution case, from the room of co-
accused Rakesh Paswan, two country-made pistols, three live
cartridges, one empty shell, four liters of country-made wine,
and a cash amount of Rs. 18,01,050/- were recovered.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that the alleged recovery
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was made from the room of co-accused Rakesh Paswan, and
that the room was in the exclusive possession of co-accused
Rakesh Paswan. It has further been submitted that the petitioner
happens to be the brother of Rakesh Paswan, and that he is not
residing there; rather, he resides in Bihar Sharif with his wife
and children and works in a private company for his livelihood.
It has further been submitted that, since the petitioner has a right
in the property, being joint property, he has been made an
accused. It has further been submitted that the search and
seizure, as prescribed under Section 103 of the BNSS, has not
been followed. Lastly, it has been submitted that the petitioner
has no criminal antecedent.
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 Noorsarai P.S. Case No. 679 of 2025 subject
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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/aarti/-
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