Patna High Court
Amit Kumar Paswan @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court denied anticipatory bail to the petitioner.
Summary
The petitioner, Amit Kumar Paswan, sought anticipatory bail in connection with a case involving 1.875 litres of illicit liquor seized under Sections 30(a), 37 and 45 of the Bihar Prohibition and Excise (Amendment) Act, 2022. He claimed innocence, arguing that his name was not mentioned in the FIR and that it only appeared in a recording made under Section 105 of the BNSS, 2023, with no direct link to the accused Nikki Devi. The State opposed bail, contending that the recording identified the petitioner and that the case involved an alleged attack on police officers. The court examined the identification of the petitioner through the recording and the seriousness of the allegations. Concluding that the petitioner’s involvement could not be dismissed, the court refused to grant anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner when his name is identified only through a recording under Section 105 of the BNSS, 2023.
- Whether the allegations of participation in an attack on police officers justify denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 37, 45
- BNSS, 2023 — s. 105
Subjects
- anticipatory bail
- illicit liquor
- excise law
- Section 105 recording
- police assault
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36042 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- Excise P.S. District- Supaul
======================================================
Amit Kumar Paswan @ Amit Kumar S/O Late Ramnath Paswan R/O Village-
Malhad, Ward no. 16, P.S.- Supaul, District- Supaul, Bihar- 852131.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner is apprehending arrest in connection
with Supaul Prohibition P.S. Case No. 01 of 2026 corresponding
to S.T. Excise No. 63 of 2026, dated 01/01/2026, lodged under
Sections 30 (a), 37 and 45 of the Bihar Prohibition and Excise
(Amendment) Act, 2022 pending before the Court of Exclusive
Special Excise Court No. - 02, Supaul.
4. As per the prosecution, total recovery of 1.875 litres
of illicit liquor has been made, which is the subject matter of the
present case.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.36042 of 2026(2) dt.01-06-2026
2/3
petitioner is innocent and has committed no offence. Counsel
further submits that the criminal antecedent of the petitioner is
not clean, as five criminal cases are pending against him, in
which he is on bail. However, it has not been mentioned in the
FIR as to how the name of the petitioner has surfaced in the
present case. Counsel further submits that the petitioner is in no
way related to the accused, Nikki Devi, but his name has been
added only for the reason that his name figured in earlier
criminal cases. Counsel submits that the petitioner is ready to
fulfil all the conditions whatsoever shall be imposed upon him.
6. Learned A.P.P. for the State vehemently opposes the
prayer for bail of the petitioner and submits that the present case
has been lodged in the year 2026 with specific allegations that
the accused persons had attacked the police party in discharge of
their official duties. Counsel further submits that the name of the
petitioner has surfaced only after verification of the recording
made under Section 105 of the BNSS, 2023. Therefore, the
allegation against the petitioner cannot be said to be false. He
further submits that a copy of the miscellaneous application has
been filed in which it has been disclosed how the names of other
eight persons have been indicated and they have been identified
in the recording made under Section 105 of the BNSS, 2023.
Patna High Court CR. MISC. No.36042 of 2026(2) dt.01-06-2026
3/3
7. Considering the facts and circumstances of the
present case, particularly that the name of the petitioner has not
been mentioned, rather he has been identified in the recording
under Section 105 of the BNSS, 2023, which is part of the FIR
and is present on the record, this Court is not inclined to grant
anticipatory bail to the petitioner. Accordingly, the prayer for
anticipatory bail of the petitioner is hereby rejected.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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