Patna High Court

Pappu Paswan @ PappuversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Pappu Paswan, sought anticipatory bail fearing arrest in a case involving the seizure of 1,877.04 litres of illicit foreign liquor from three vehicles. The prosecution alleged violations of the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita. The petitioner contended that he was falsely implicated, not the owner or driver, had no criminal record, and that the required Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.15,000 and two sureties, imposing conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether there is a prima facie case against the petitioner under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita.
Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been satisfied.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Bharatiya Nyaya Sanhita — s. 111, 318(4), 340(2)

Subjects

anticipatory bail
illicit liquor
Bihar Prohibition and Excise Act
Bharatiya Nyaya Sanhita
Bharatiya Nagarika Suraksha Sanhita
false implication
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88232 of 2025
                    Arising Out of PS. Case No.-308 Year-2025 Thana- MANIYARI District- Muzaffarpur
                 ======================================================
                 Pappu Paswan @ Pappu Son of Harendra Paswan R/o Village - Silaut Vimal,
                 P.S. - Maniyari, Distt. - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Adv.
                                                  Mr. Mukund Kumar, Adv.
                 For the Opposite Party/s :       Mr. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                            2.      The petitioner apprehends his arrest in connection

                   with Maniyari PS Case No. 308 of 2025 instituted for the offences

                   under Sections 30(a) 36 and 41(1) of the Bihar Prohibition and

                   Excise Act and under Sections 340(2), 318(4), 111 of the Bharatiya

                   Nyaya Sanhita.

                            3.      The prosecution case, in short, is that total 1877.04

                   litres of illicit foreign liquor was recovered from the three different

                   vehicles.

                            4.      Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case on the basis of
           Patna High Court CR. MISC. No.88232 of 2025(2) dt.15-01-2026
                                                       2/2




                     disclosure made by the apprehended co-accused persons. Learned

                     counsel further submitted that petitioner is neither the owner nor

                     the driver of the vehicle. The petitioner has got no concern with

                     the alleged recovery of liquor. Learned counsel for the petitioner,

                     therefore, contends that prima-facie no case is made out against

                     the petitioner. The petitioner has no criminal antecedent. There is

                     no compliance of Section 103 of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.

                             5.      Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances of

                     the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period of

                     six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Maniyari PS Case No.

                     308 of 2025, subject to the conditions as laid down under Section

                     482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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