Patna High Court
Momindra Paswan @ Momindar PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioner, Momindra Paswan, sought anticipatory bail after being named in an FIR for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act involving 20 litres of illicit Mahua liquor recovered from a public garden. The prosecution alleged his involvement based on local testimony, while the petitioner argued he was not present at the site, no incriminating article was found in his possession, and the location was open to all. He also highlighted his criminal antecedent, claiming it was being used to falsely implicate him. The State opposed the bail, contending that a named accused cannot escape liability. The court examined the facts, noting the petitioner’s absence and lack of direct evidence, and applied Section 482(2) of the Criminal Procedure Code to grant anticipatory bail with a bond and sureties, subject to conditions. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to a person named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s absence from the place of occurrence and lack of incriminating material in his possession preclude the prosecution’s case.
- Whether the petitioner’s prior criminal antecedent bars the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure Code
- Section 482(2)
- illegal liquor
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8814 of 2026
Arising Out of PS. Case No.-768 Year-2025 Thana- GAURICHAK District- Patna
======================================================
Momindra Paswan @ Momindar Paswan Son of Jitlal Paswan Resident of
Village Dalanpar, P.S.- Fatuha, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate
For the Opposite Party/s : Ms. Asha Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Gaurichak (Pachrukhiya) P.S. Case No. 768 of
2025 registered for the offences punishable under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 20 litre illicit country
made Mahua liquor was recovered from the garden situated
behind the school at village Dalanpur. Local people disclosed
the name of the petitioner and other who fled away from the
place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. He further submits that the place of recovery is an
Patna High Court CR. MISC. No.8814 of 2026(2) dt.18-02-2026
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open place which is accessible to all and petitioner cannot be
held liable for the alleged recovery. No incriminating article has
been recovered from the conscious possession of the petitioner.
Petitioner was not found at the place of occurrence. In the light
of the aforesaid facts and circumstances of the case, no case is
made out against the petitioner under the provisions of Bihar
Prohibition and Excise Act. Petitioner bears criminal antecedent
of two cases and he orally submits that petitioner is on bail on
the said cases. He further submits that just because of having
criminal antecedent petitioner has falsely been implicated in the
present case.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioner by submitting that
petitioner is FIR named accused and hence, he cannot escape
from the allegation made in FIR.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.8814 of 2026(2) dt.18-02-2026
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10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge Excise,
Patna City in connection with Gaurichak (Pachrukhiya) P.S.
Case No. 768 of 2025, subject to the conditions as laid down
under Section 482 (2)of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
alok/-
U T
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