Patna High Court

Rambabu Paswan @ RambabuversusThe State of Bihar

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

Holding

The Court held that anticipatory bail should be granted to the petitioner subject to bond and sureties.

Summary

Rambabu Paswan sought anticipatory bail after learning of his possible arrest in a case involving the seizure of 448.45 litres of illicit foreign liquor from a Scorpio vehicle. The prosecution alleged violations of the Bihar Prohibition and Excise Act and several sections of the Indian Penal Code. The petitioner contended that he was falsely implicated, not the owner or driver of the vehicle, had no criminal record, and that the required compliance under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 was lacking. The State opposed the bail. The Court examined the material facts and, finding no prima facie case against the petitioner, ordered anticipatory bail subject to a cash bond and sureties, invoking Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether the prosecution has established a prima facie case against the petitioner under the Bihar Prohibition and Excise Act and the Indian Penal Code.
Whether the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Indian Penal Code — s. 272, 273, 279, 34, 420

Subjects

anticipatory bail
illicit liquor
false implication
Bihar Prohibition and Excise Act
Indian Penal Code
Section 482
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88313 of 2025
                   Arising Out of PS. Case No.-386 Year-2023 Thana- BABUBARHI District- Madhubani
                 ======================================================
                 Rambabu Paswan @ Rambabu Son of Fekan Paswan Resident of Village-
                 Brindavan, P.S.- Ladania, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shailendra Kumar Jha, Adv.
                 For the Opposite Party/s :      Mr. Rajendra Prasad Nat, 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 Babubarhi PS Case No. 386 of 2023 instituted for the

                   offences under Sections 30(a), 32(i),(ii),(iii), 41(i)(ii) of the Bihar

                   Prohibition and Excise Act and under Sections 279, 272, 273, 420,

                   34 of the Indian Penal Code.

                           3.      The prosecution case, in short, is that total 448.45

                   litres of illicit foreign liquor was recovered from the Scorpio

                   vehicle.

                           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

                   disclosure made by the apprehended co-accused person. Learned
           Patna High Court CR. MISC. No.88313 of 2025(2) dt.15-01-2026
                                                       2/2




                     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 Babubarhi PS Case

                     No. 386 of 2023, 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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