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Patna High Court

Amit Kumar Paswan @ Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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