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Patna High Court

Badhan Paswan @ Badhan PasavanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                         3/3




                       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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