Patna High Court
Babu Sahab Paswan @ Babu SahebversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted bail to the petitioner, directing surrender within eight weeks subject to bail bonds and conditions.
Summary
Babu Sahab Paswan was arrested in connection with an alleged illegal manufacture of illicit liquor, for which the police recovered nine litres of country-made liquor and 220 litres of raw material, and charged him under Section 30(a)(b)(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner claimed he was wrongly identified, that the case was based solely on suspicion, and that no prima facie case existed against him, while acknowledging one prior criminal antecedent and that he had not previously applied for bail. The State opposed bail, arguing the seriousness of the offence and the petitioner’s antecedent. The Court considered the facts, the lack of prior bail application, and the conditions under Section 482(2) of the B.N.S.S., 2023, and granted bail, directing the petitioner to surrender within eight weeks with a bail bond of Rs.10,000 and two sureties, subject to conditions regarding undisclosed antecedents. The order also stipulated cancellation of bail if false statements about prior bail petitions were discovered.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged illegal liquor manufacturing under the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the prosecution has established a prima facie case against the petitioner
- Impact of the petitioner’s prior criminal antecedent on the grant of bail
- Effect of the petitioner’s failure to apply for anticipatory or regular bail earlier
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 30(b), 30(c)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- illegal liquor manufacturing
- prohibition act
- identification
- criminal antecedent
- Section 30
- Section 482
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39177 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- Lakho District- Begusarai
======================================================
Babu Sahab Paswan @ Babu Saheb Son of Late Hareram Paswan, Resident
of Village- Lakho, Ward No. 04, P.S.- Lakho, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar, Advocate
For the State : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Lakho P.S. Case No. 5 of 2026, dated
13.01.2026, registered for the offence punishable under Section
30(a)(b)(c) of Bihar Prohibition and Excise (Amendment) Act,
2022.
3. As per the secret information received by the
police, petitioner was illegally manufacturing illicit liquor in a
orchard near a chimney. On such information, when the police
reached near the chimney, one person started fleeing away after
seeing the police vehicle and he was successful to flee away and
as per local chawkidar, the person, who fled away, was the
petitioner. Police recovered nine litre country made liquor from
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the orchard near chimney and 220 litre raw material meant for
manufacturing illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that the prosecution case against the
petitioner is based only on suspicion and wrong identification.
He further submits that petitioner has nothing to do with the
alleged offence and recovery has been made from the open
space and hence, no prima facie case is made out under the
Excise Act against the petitioner.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has one criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
Patna High Court CR. MISC. No.39177 of 2026(2) dt.17-06-2026
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furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court Below, in connection
with Lakho P.S. Case No. 5 of 2026, subject to the conditions as
laid down under Section 482 (2) of the B.N.S.S., 2023 and on
the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents other than
the disclosed one, learned court below shall cancel the bail
bonds of the petitioner after hearing him and getting satisfied
that the petitioner has concealed his criminal antecedents despite
his knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
U T
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