Patna High Court
Chhote Paswan @ Chote PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 274, 275, 317(2), 317(4), 317(5), 3(5), 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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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