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Patna High Court

Rajesh Kumar @ Rajesh PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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