Patna High Court
Badhan Paswan @ Badhan PasavanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under the conditions of Section 482(2) of the CrPC.
Summary
The petitioner, Badhan Paswan, sought anticipatory bail after being named in an FIR (Imamganj PS Case No. 115 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Amendment Act involving 70 litres of illicit liquor recovered from a forest area. The prosecution’s case rested solely on the statements of co‑accused who identified the petitioner, with no incriminating article found in his possession and no evidence placing him at the scene. The petitioner argued that the recovery site was a public open area, he was absent from the location, and he had no criminal antecedents, thus the allegations were unfounded. The State opposed anticipatory bail, contending that a named accused in an FIR cannot escape liability. Considering the lack of direct evidence, the petitioner’s clean record, and the circumstances, the court ordered that, upon arrest or surrender within six weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC. 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 Amendment Act.
- Whether the prosecution has established a prima facie case against the petitioner given the absence of seized material and his non‑presence at the place of recovery.
- Whether the petitioner’s clean antecedent and the nature of the recovery site justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- illicit liquor
- false implication
- clean antecedent
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8863 of 2026
Arising Out of PS. Case No.-115 Year-2025 Thana- IMAMGANJ District- Gaya
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Badhan Paswan @ Badhan Pasavan Son of Juga Singh @ Juga Pasawan RO
Village - Malhari, Kadirganj, P.S. - Imamganj, District - Gaya ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate
Mr. Ashutosh Kumar Mishra, Advocate
Ms. Neha Kumari, Advocate
Mr. Chandra Kishore Kumar, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, 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 Imamganj P.S. Case No. 115 of 2025 registered
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act.
3. As per prosecution case, 70 litre illicit liquor was
recovered from the forest area. Apprehended co-accused Malo
Bhuiyan, Yadu Yadav and Mugeshwar Yadav disclosed the name
of petitioner and others.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.8863 of 2026(2) dt.18-02-2026
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in the FIR and he has falsely been implicated in this case. He
further submits that the place of recovery is an open place which
is accessible to all and hence, petitioner cannot be held liable for
the alleged recovery. Petitioner was not found at the place of
occurrence and he has nothing to do with the alleged recovery.
No incriminating article has been recovered from the conscious
possession of the petitioner. Except disclosure of the
apprehended co-accused persons, there is nothing on record to
demonstrate the complicity of the present petitioner with the
alleged occurrence. Seizure list has not been made as per law. 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 no criminal
antecedent.
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 person 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,
keeping in view clean antecedent of petitioner, argument
advanced on behalf of both sides and also taking into
Patna High Court CR. MISC. No.8863 of 2026(2) dt.18-02-2026
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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.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court No. 2, Gaya Ji in connection with Imamganj P.S.
Case No. 115 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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