Patna High Court
Jagdish PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
Jagdish Paswan applied for anticipatory bail in a case where 654 litres of illicit liquor were seized near his residence and he was named in a prosecution under section 30(a) of the Bihar Prohibition and Excise Act. Paswan contended that he was falsely implicated, had no possession of the liquor and possessed a clean antecedent, and offered to donate Rs.25,000 to a charitable institution. The State opposed the bail. The High Court, after considering the facts and the petitioner's submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, a mandatory donation of Rs.25,000 to the Ramakrishna Mission, verification of the receipt and clean antecedent, and regular attendance at the police station on specified days. The order was made under Section 438(2) of the CrPC and Section 482 of the BNSS, with a clarification that it does not prejudice the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case under the Bihar Prohibition and Excise Act.
- Whether the conditions imposed, including a charitable donation, sureties, and periodic police attendance, are permissible.
- Whether the petitioner's claim of false implication and clean antecedent affect the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- bail conditions
- clean antecedent
- charitable donation
- sureties
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38250 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- Bhalpatti District- Darbhanga
======================================================
Jagdish Paswan Son of Late Madhuri Paswan Resident of Village- Bhalpatti,
Tola- Mugalpura, P.S.- Bhalpatti, District- Darbhanga.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sameer Ranjan, Advocate
For the State : Ms. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard the parties.
2. The petitioner seeks anticipatory bail in
connection with Bhalpatti P.S. Case No.31 of 2026 registered
for the offence under section 30(a) of the Bihar Prohibition and
Excise Act.
3. About 654 liters of illicit foreign and country
made liquor has been recovered from a hut near, the under
construction house of the petitioner.
4. The name of the petitioner has come in the
case during investigation. The petitioner is suspected of being
involved in the crime.
5. Learned counsel for the petitioner submits
that the petitioner has falsely been implicated in this case and
nothing has been recovered from the possession of the
petitioner. He further submits that the petitioner has clean
Patna High Court CR. MISC. No.38250 of 2026(2) dt.17-06-2026
2/3
antecedent.
6. Learned counsel for the petitioner also
submits that the petitioner is ready to donate Rs.25,000/- in
some charitable organization without accepting his guilt.
7. Learned APP appearing for the State opposes
the prayer for bail of the petitioner.
8. Considering the facts and circumstances of
the case and also the submission of learned counsel for the
petitioner, 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 Excise Judge, 1 st Darbhanga /
concerned Court below, in connection with Bhalpatti P.S. Case
No.31 of 2026, subject to the conditions as laid down under
section 438(2) of the Code of Criminal Procedure / Section 482
of the BNSS.
9. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, and produce the receipt of the same before
the Court below at the time of furnishing bail bonds. The bail
Patna High Court CR. MISC. No.38250 of 2026(2) dt.17-06-2026
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bonds of the petitioner shall only be accepted after verifying the
genuineness of the receipt produced by him.
10. Further, at the time of accepting the bail
bonds of the petitioner, the Court below shall verify the
statement of the petitioner that he has clean antecedent. The bail
bonds of the petitioner shall only be accepted if it is found that
he has clean antecedent.
11. The petitioner shall also mark his attendance
at Bhalpatti Police Station, District- Darbhanga on first and third
Sunday of the month. Any default in appearance at the Police
Station would result in cancellation of bail bonds of the
petitioner.
12. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
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