Patna High Court
Lakshmi PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
Because the alleged contraband was recovered from an open place accessible to all and no material linked the petitioner to the offence, the court granted anticipatory bail.
Summary
Lakshmi Paswan applied for anticipatory bail after police, acting on a tip‑off, raided an open area near a borewell belonging to Ramanand Rajak and recovered 90 litres of spirit and 100 empty bottles. The petitioner asserted that he had no connection with the place or the contraband and was implicated only because of a prior similar offence. The State opposed bail, citing offences under Sections 30(a), 32 and 41(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The court noted that the recovery was from an open, publicly accessible location and that there was no material linking the petitioner to the crime, nor any factor invoking Section 76 of the same Act. Consequently, the court ordered that the petitioner be released on bail if arrested, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the circumstances of the alleged recovery and lack of material linking him to the offence.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 103, 105, 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 32, 41(a), 76
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illegal liquor
- search and seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44072 of 2026
Arising Out of PS. Case No.-115 Year-2026 Thana- RISIYAP District- Aurangabad
======================================================
Lakshmi Paswan Son of Aditya Paswan R/o Village- Banahi, P.S.- Risiup,
District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mukul Kumari
For the Opposite Party/s : Mr.Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 08-07-2026 Heard learned Advocate for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Risiup P.S. Case No. 115 of 2026, G.R. No. 955 of 2026,
registered for the offences punishable under Sections 30(a), 32,
41(a) of the Bihar Prohibition and Excise (Amendment) Act,
2022.
3. Acting on a tip-off regarding the storage of liquor,
the police conducted a raid and, during the search, recovered 90
litres of spirit and 100 empty bottles from a heap of straw near
the borewell of one Ramanand Rajak.
4. Learned Advocate for the petitioner submitted that
from the prosecution case it is evident that the alleged recovery
has been made nearby a borewell of Ramanand Rajak and as
Patna High Court CR. MISC. No.44072 of 2026(2) dt.08-07-2026
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such it is an open place easily accessible to all. Moreover, the
petitioner has neither any concern with the place from where
recovery has been made nor with the illicit spirit and the empty
bottles. Only on account of one criminal antecedent of identical
nature, the name of the petitioner has been implicated in this
case without there being any material suggesting his complicity
in the crime. The petitioner undertakes that he will fully
cooperate in the proceeding of the court. Moreover, there is no
material attracting the rigors provided under Section 76 of the
Bihar Prohibition and Excise (Amendment) Act.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application.
6. Having considered the submissions advanced on
behalf of the respective parties and considering the fact that the
alleged recovery has been made from an open place easily
accessible to all, coupled with defiance of Sections 103 and 105
of the BNSS and lack of material which attracts the rigors
regarding maintainability of anticipatory bail, let the petitioner
abovenamed be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand)
Patna High Court CR. MISC. No.44072 of 2026(2) dt.08-07-2026
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with two sureties of the like amount each to the satisfaction of
the learned Special Judge of Excise-II, Aurangabad in
connection with Risiup P.S. Case No. 115 of 2026, G.R. No. 955
of 2026, subject to the conditions laid down in Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further
condition that one of the bailors shall be the own/close family
members of the petitioner.
(Harish Kumar, J)
Anjani/-
U T
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