Patna High Court
Raj Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
Anticipatory bail is granted to the petitioner subject to the conditions specified.
Summary
The petitioner, Raj Kumar Paswan, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 11.94 litres of illicit foreign liquor recovered from an open place. The prosecution alleged the offence, but no liquor was found in the petitioner’s conscious possession and he claimed to have clean antecedents. The State opposed the bail, arguing the seriousness of the charge. The Court considered the nature of the accusation, the absence of incriminating material on the petitioner, and his clean record, and consequently granted anticipatory bail. The order directed that if arrested within eight weeks, the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, given the alleged recovery of illicit liquor and lack of material found on him.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- clean antecedents
- Section 482(2) conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39568 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- Dhobaha District- Bhojpur
======================================================
Raj Kumar Paswan S/O Dhunmun Paswan @ Dunmun Ram R/O Shukalapua
@ Shukalpura, P.O.- Dariyapur, P.S.- Dhobha, Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Vivek Kunwar, Advocate
For the State : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 11.94 liters illicit foreign
liquor was recovered from an open place.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. No incriminating article has been
recovered from conscious possession of this petitioner and he
has falsely been implicated in this case merely on secret
information. The alleged illicit liquor has been recovered from
an open place, which is accessible to one and all. Petitioner
Patna High Court CR. MISC. No.39568 of 2026(2) dt.23-06-2026
2/2
claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the nature of accusation, fact that no
incriminating article has been recovered from conscious
possession of this petitioner and clean antecedents, the prayer
for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Court No., 1, Bhojpur, Ara in connection with Dhobha P.S. Case
No. 33 of 2026, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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