Patna High Court
Rajesh Kumar @ Rajesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail may be granted, subject to conditions, as the procedural deficiencies and facts did not justify denial.
Summary
The petitioner, Rajesh Kumar, applied for anticipatory bail in a case where 16.380 litres of illicit foreign liquor were seized under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the seizure site was a public open space not belonging to him and that the investigation violated the procedure prescribed under Section 103 of the B.N.S.S. The State opposed the bail, arguing the seriousness of the offence. After hearing both sides, the court ordered that the petitioner be released on bail if arrested within six weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The decision reflects the court's view that procedural lapses and the nature of the alleged conduct did not preclude anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the alleged non‑compliance with Section 103 of the B.N.S.S. warrants the grant of anticipatory bail
- Whether the fact that the seizure occurred in a public open space affects the bail decision
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 103
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103
- Section 482(2)
- excise law
- procedural lapse
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34853 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- PIPRAKOTHI District- East Champaran
======================================================
Rajesh Kumar @ Rajesh Paswan Son of Naresh Paswan Resident of Village-
Baltharwa Ward No. 13, P.S.- Piprakothi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Mr. Akbar Ali, A.P.P.
======================================================
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 through video-
conferencing.
2. This application for anticipatory bail arises out of
Piprakothi P.S. Case No. 86 of 2026, registered for the offence
punishable under Sections 30(a) of Bihar Prohibition and Excise
Act.
3. As per the allegation, 16.380 liters of illicit foreign
liquor has been recovered from behind the water tank. It has
been alleged that the petitioner managed to flee away from the
place of seizure.
4. Learned counsel for the petitioner has submitted
that the place of seizure does not belong to the petitioner and it
is an open space and the same is accessible to all. It has further
Patna High Court CR. MISC. No.34853 of 2026(2) dt.20-05-2026
2/2
been submitted that the procedure prescribed under Section 103
of the B.N.S.S. has not been followed. It has further been
submitted that since the petitioner has been made accused in
some other cases of similar nature, the police has falsely
implicated the name of the petitioner so that they do not have to
conduct proper investigation.
5. Learned counsel for the State opposed the prayer of
anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the
petitioner above named, in the event of his arrest/surrender
within six weeks from today in the Court below, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Special Judge Excise Court No.I, East Champaran,
in connection with Piprakothi P.S. Case No. 86 of 2026, subject
to the conditions as laid down under Section 482(2) of the
Bhartiya Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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