Patna High Court
Pujan Paswan @ Pujan PasvanversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was granted to petitioner 1 but denied to petitioner 2.
Summary
Petitioners Pujan Paswan and Yogendra Paswan applied for pre‑arrest bail in a case where 240 litres of illicit liquor were seized from an open sandbank, alleged under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act. The petitioners claimed they were falsely implicated and that the liquor was in a public area accessible to anyone. The State opposed bail, highlighting that petitioner 1 had one prior conviction and petitioner 2 had two prior convictions under the Excise Act. The High Court, noting the open‑space recovery and the State’s failure to enforce its liquor policy, granted pre‑arrest bail to petitioner 1 subject to a bond and sureties, while refusing bail to petitioner 2 due to his multiple antecedents. The Court directed the District Court to verify petitioner 1’s criminal record and stated that the order would lapse if further involvement is found, and the bail application was disposed of.
Issues considered
- Whether pre‑arrest bail should be granted to the accused under Section 482(2) of the BNSS in a case of alleged illicit liquor possession under the Bihar Prohibition and Excise Act
- Impact of prior criminal antecedents on the grant of pre‑arrest bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- Section 482
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8177 of 2026
Arising Out of PS. Case No.-425 Year-2025 Thana- OBRA District- Aurangabad
======================================================
1. Pujan Paswan @ Pujan Pasvan Son of Late Dhari Paswan R/o Village -
Mahadeva, P.S. - Obra, District - Aurangabad, Bihar.
2. Yogendra Paswan @ Yogendra Pasvan Son of Virodhi Paswan R/o Village -
Mahadeva, P.S. - Obra, District - Aurangabad, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Rupa Kumari, Advocate
For the Opposite Party/s : Mr.Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Ms. Rupa Kumari, learned counsel appearing
on behalf of the petitioner and Mr. Narsingh Tanti, learned APP
for the State.
2. The petitioners seek pre-arrest bail in connection
with Obra P.S. Case No. 425/2025 registered for the offence(s)
punishable under Sections 30(a)/30(c) of the Bihar Prohibition
and Excise Act.
3. As per the allegation made in the FIR, altogether
240 litres of illicit liquor was recovered from the Son Diyara
Dila (sandbank) of the accused persons including the petitioners.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.8177 of 2026(2) dt.17-02-2026
2/3
falsely been implicated in the present case. He further submitted
that recovery of illicit liquor has been made from the open space
and is easily accessible by anyone. Petitioners have no concern
either with the place of recovery or with the alleged recovered
liquor.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail. He submitted that petitioner
no.1 has one criminal antecedent, whereas, petitioner no.2 has
two criminal antecedent under Excise Act.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that recovery of illicit liquor has
been made from the open space and is easily accessible by
anyone and also the fact that the State has failed to implement
its liquor policy in its true spirit, the petitioner no.1, above
named, is directed to be released on pre-arrest bail, in the
event of his arrest or surrender before the learned District Court
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned Concerned
Court where the case is pending in connection with Obra P.S.
Case No. 425/2025, subject to the conditions as laid down under
Patna High Court CR. MISC. No.8177 of 2026(2) dt.17-02-2026
3/3
Section 482(2) of the BNSS.
7. The learned District Court is directed to verify the
criminal antecedent of the petitioner no.1 and if it is found that
the petitioner no.1 is involved in some other cases, as what has
been stated in paragraph no.3 of the bail application, this order
will automatically lose its force.
8. So far as petitioner no.2 is concerned,
considering the fact that he has two criminal antecedents
under Excise Act, I am not inclined to grant pre-arrest bail
to the petitioner no.2.
9. The bail application stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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