Patna High Court
Vijay PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application, subject to the conditions specified under Section 482(2) of the B.N.S.S.
Summary
Vijay Paswan, the owner of a motorcycle from which three litres of illicit liquor were recovered, faced an FIR under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He applied for anticipatory bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Patna High Court, after considering the facts, granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties, a deposit of Rs. 25,000 with a specified ashram, monthly police station attendance, and verification of his clean antecedents. The court emphasized that its observations were prima facie and would not affect the trial. The bail was ordered to be released within four weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are lawful and appropriate for the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 38276 of 2026
Arising Out of PS. Case No.-186 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
Vijay Paswan S/o Dinesh Paswan R/o Village - Gangauli, P.S - Dalmiyanagar,
District - Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar, Adv.
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with F.I.R. of Sasaram Excise P.S. Case No. 186 of 2026
registered for offences under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution case, the petitioner is the
owner of the motorcycle from which 3 litres of illicit liquor has
been recovered. The petitioner claims clean antecedent.
4. Learned counsel for the petitioner submits that
the petitioner undertakes to donate a sum of Rs. 25,000/-
(Rupees Twenty-Five Thousand Only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
Patna High Court CR. MISC. No. 38276 of 2026(2) dt.17-06-2026
2/3
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with
two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending/successor Court
in connection with F.I.R. of Sasaram Excise P.S. Case No. 186
of 2026, subject to the conditions as laid down under Section
482(2) of the B.N.S.S., also with further conditions that:-
(i) The petitioner shall deposit a
sum of Rs. 25,000/- (Rupees Twenty-Five
Thousand Only) with Ramakrishna Advaita
Ashrama, D-45/6, Luxa, Varanasi, Uttar
Pradesh 221010 and shall produce a valid
receipt thereof before the court below. The
bail bonds shall be accepted only after
verification of the genuineness of the said
receipt.
(ii) The petitioner shall mark his
attendance at Dalmiyanagar Police Station
on first and third Sunday of each month. In
Patna High Court CR. MISC. No. 38276 of 2026(2) dt.17-06-2026
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the event of default, the bail bonds shall be
liable to be cancelled.
(iii) At the time of acceptance of
bail bonds, the court below shall verify the
antecedents of the petitioner. The bail bonds
shall be accepted only upon confirmation
that the petitioner has no criminal
antecedent. However, such verification shall
not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
8. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
U T
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