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Patna High Court

Nunu Paswan @ Mahesh Paswan @ Kallu PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, holding that no offence was made out and the Section 76(2) bar does not preclude the relief.

Summary

The petitioner, Nunu Paswan, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 after 30 litres of country-made liquor were seized from an open area near fire‑wood, with no evidence of his conscious possession. He applied for anticipatory bail, arguing that the seizure did not constitute an offence and that the bar under Section 76(2) of the Act should not apply. The State opposed, contending that the petitioner was involved in the investigation. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail where no offence is made out despite the Section 76(2) bar, the Court held that the petitioner was not in possession of the liquor and thus granted anticipatory bail with strict conditions. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with various reporting and conduct requirements under Section 438(2) of the Cr.P.C.

Issues considered

  • Whether seizure of liquor from an open place, without conscious possession, amounts to an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
  • Whether the bar under Section 76(2) of the Bihar Prohibition and Excise Amendment Act, 2022 precludes the filing of an anticipatory bail application.
  • Whether anticipatory bail can be granted under Section 438 of the Criminal Procedure Code in the present facts.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Amendment Act
  • Section 30
  • Section 76(2)
  • Section 438 CrPC
  • seizure
  • conscious possession
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43925 of 2026
                     Arising Out of PS. Case No.-172 Year-2026 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Nunu Paswan @ Mahesh Paswan @ Kallu Paswan Son of Sarikhan Paswan
                 Resident of Village- Rampur Dilawar, Ward No. 10 Baikunthpur, P.S.-
                 Rajapakar, District- Vaishali, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Rupa Kumari, Advocate
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   08-07-2026                     Heard Mrs. Rupa Kumari, learned counsel for the

                   petitioner and learned counsel representing the State.

                                2. The petitioner is apprehending arrest in connection

                   with Rajapakar P.S. Case No. 172 of 2026 instituted under

                   Section 30(a) of the Bihar Prohibition and Excise Amendment

                   Act 2022 lodged on 05.04.2026 by the informant, Gauri

                   Shankar.

                                3. As per the prosecution story, the informant alleged

                   that on secret information, the place was raided and near the

                   fire-wood, there is recovery/seizure of 30 liters of country made

                   liquor, This led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   from perusal of the FIR would show that recovery/seizure is
Patna High Court CR. MISC. No.43925 of 2026(2) dt.08-07-2026
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          from an open place not from his conscious possession and only

          because of criminal antecedent, got implicated.

                       5. Further, learned counsel for the petitioner relied on

          the judgment of the Full Bench of Hon’ble Patna High Court in

          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019 (2) PLJR 1089 wherein it has been held that an

          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation

          made in the FIR, no offence under the said provision is made

          out.

                       6. Learned APP, opposes the prayer submitting that

          his role has come in the investigation.

                       7. Taking into account the submissions aforesaid as

          also that recovery/seizure is from an open place, of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that nothing has been recovered from his conscious

          possession or from the house, in that background this Court is

          inclined to extend him the privilege of anticipatory bail.

                       8. Let the petitioner be released on bail, in the event

          of his arrest or surrender before the concerned court within a

          period of four weeks from the receipt of this order, on furnishing
Patna High Court CR. MISC. No.43925 of 2026(2) dt.08-07-2026
                                            3/4




          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each in connection with Rajapakar P.S. Case

          No. 172 of 2026 to the satisfaction of Exclusive Special Judge,

          Excise court no.2 cum District and Additional Sessions Judge,

          Hajipur, Vaishali subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C. as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the police

          station as and when required for cooperating in the

          investigation;

                       (iii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iv) the petitioner shall appear before the concerned

          police station every day for one month and later every fortnight

          for next six months to mark his attendance and at the end of the

          period a certificate be submitted before the Trial Court failing

          which the State shall be at liberty to take steps for cancellation
           Patna High Court CR. MISC. No.43925 of 2026(2) dt.08-07-2026
                                                       4/4




                     of bail bonds;

                                  (v) the petitioner shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (vi) the petitioner shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of his bail bonds.



                                                    (Rajiv Roy, J)
Ravi/-Ankita

U      T


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