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Patna High Court

Chhote Paswan @ Chote PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to specified conditions under Section 482(2) of the BNSS.

Summary

The petitioners, Chhote Paswan and Ritesh Kumar Kamat, sought anticipatory bail fearing arrest in a case involving the seizure of 50.31 litres of illicit liquor and charges under Sections 274, 275, 317(2), 317(4), 317(5), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. They claimed innocence, clean antecedents, and offered to donate Rs. 25,000 to a charitable organization. The State opposed the bail. The Court, after considering the submissions, allowed the anticipatory bail application, directing the petitioners to furnish bail bonds of Rs. 10,000 each with two sureties, deposit the charitable amount, attend the police station regularly, and have their antecedents verified. The order was made subject to conditions under Section 482(2) of the BNSS and clarified that the observations were prima facie and not on the merits. Consequently, the petitioners were granted anticipatory bail pending further verification.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under the provisions of the Bharatiya Nyaya Sanhita and related statutes.
  • Whether the conditions imposed by the Court are appropriate to ensure the petitioners' cooperation and prevent tampering with evidence.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38304 of 2026
                       Arising Out of PS. Case No.-27 Year-2026 Thana- Patauna District- Madhubani
                 ======================================================
           1.     Chhote Paswan @ Chote Paswan Son of Dular Chandra Paswan Resident of
                  village -Chandrashenpur P.S- Rahika District -Madhubani
           2.    Ritesh Kumar Kamat Son of Chandrakant Kamat Resident of village
                 -Chandrashenpur P.S- Rahika District -Madhubani

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Subhash Kumar Jha
                 For the Opposite Party/s :        Mr. Parmanand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                  Heard the learned counsel for the petitioners and

                   learned counsel for the State.

                                2. The petitioners apprehend arrest in connection with

                   Patauna P.S. Case No. 27 of 2026 registered for offences under

                   Sections 274, 275, 317(2), 317(4), 317(5), 111 and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. There is recovery of 50.31 liters of illicit liquor.

                   The names of the petitioners have come in the case on the basis

                   of disclosure made by co-accused Krishna Yadav @ Parle.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are quite innocent and have not committed any
Patna High Court CR. MISC. No.38304 of 2026(2) dt.17-06-2026
                                            2/3




          offence. The petitioner claims clean antecedent. He further

          submits that the petitioners are ready to donate Rs. 25,000/-

          (Rupees Twenty-Five Thousand Only) in some charitable

          organization without accepting their guilt.

                       5. Learned APP for the State has vehemently opposed

          the prayer of the petitioners.

                       6. Considering the facts and circumstances of the case

          and the submission of learned counsel for the petitioners, this

          application for anticipatory bail stands allowed.

                       7. Accordingly, let the petitioners, 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) each

          with two sureties of the like amount each to the satisfaction of

          the learned Court below where the case is pending/successor

          Court in connection with Patauna P.S. Case No. 27 of 2026

          subject to the conditions as laid down under Section 482(2) of

          the BNSS and with further condition(s) that:-

                                               (i) The petitioners shall deposit an
                                  amount of Rs. 25,000/- (Rupees Twenty-Five
                                  Thousand Only) in Ramakrishna Mission
                                  Sevashrama,         Swami    Vivekananda   Path,
                                  Bela, Muzaffarpur, Bihar and produce the
                                  receipts thereof before the Court below. The
            Patna High Court CR. MISC. No.38304 of 2026(2) dt.17-06-2026
                                                        3/3




                                              bail bonds of the petitioners shall be
                                              accepted only after verifying the genuineness
                                              of the receipts produced by the petitioners.
                                                           (ii) The petitioners are directed to
                                              mark their attendance at Rahika Police
                                              Station on every 1st and 3rd Sunday of each
                                              month. Failure to do so shall result in
                                              cancellation of their bail bonds.
                                                           (iii) At the time of accepting the
                                              bail bonds of the petitioners, the Court
                                              below shall verify whether the petitioners
                                              have clean antecedents or not. If it is found
                                              that the petitioners have clean antecedents,
                                              then only their bail bonds shall be accepted
                                              by the Court below.
                                   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)
Shishir/-

U       T


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