Patna High Court
Babulal PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Babulal Paswan, sought anticipatory bail fearing arrest under section 30(a) of the Bihar Prohibition and Excise Act after a police raid recovered 12.5 litres of illicit wine and alleged that he escaped. The prosecution alleged his involvement based on the seizure, while the petitioner argued that no wine was found in his possession and he has no prior criminal record. Relying on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if no offence is made out, the court examined whether the allegations constitute an offence. Considering the lack of direct possession and the petitioner’s clean record, the court granted anticipatory bail with stringent conditions, reserving the right to cancel it if a criminal antecedent is later discovered. The order directs the petitioner to furnish bail bond and comply with attendance and conduct requirements.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the petitioner’s alleged escape and the seizure of illicit wine constitute an offence under section 30(a).
- Whether the absence of a criminal antecedent influences the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- illicit liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35046 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- SARAIYA District- Muzaffarpur
======================================================
Babulal Paswan Son of Late Jitan Paswan Resident of Village- Jagarnathpur
Dokra, P.S.- Saraiya, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 20-05-2026 Heard the parties through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Saraiya P.S. Case No. 92 of 2026 for the
offence under section 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the informant alleged
that on secret information, the police raided the place but the
petitioner managed to escape but 10 liters of chulai illicit wine
were recovered/seized. Further, the house of Rita Devi was
raided and there is recovery of 2.500 liters of illicit wine
(altogether 12.500 liters). This led to the FIR.
4. Learned counsel for the petitioner submits that only
to implicate, the escape theory has been assigned, nothing has
been recovered from his conscious possession and the last
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submission is that he do not have any criminal antecedent.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that
the Police chased the accused but he managed to escape but
there is recovery of illicit wine.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that he do not have any criminal antecedent, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail with conditions.
8. If, however, it is found that contrary to the
statement made in paragraph-3, the petitioner has criminal
antecedent, the present order shall become infructuous.
9. Let the petitioner be released on bail in the event of
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arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Court of Exclusive Spl. Judge, Excise-
Court no. II, Muzaffarpur in connection with Saraiya P.S. Case
No. 92 of 2026 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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