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Patna High Court

Manoj Paswan @ Manoj Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied.

Summary

Manoj Paswan applied for anticipatory bail after being implicated in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, where 50 litres of liquor were recovered from a rickshaw. He claimed the allegation was based solely on a co‑accused’s confessional statement and that no prima facie case existed against him. The State opposed the bail, highlighting Paswan’s three prior criminal convictions of a similar nature and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, considering the antecedents and statutory requirement, declined to grant anticipatory bail. It directed that if Paswan surrenders within six weeks, a regular bail application may be considered on its merits.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act.
  • Whether the presence of three prior criminal convictions precludes anticipatory bail.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • criminal antecedents
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • Section 103
  • false implication
  • confessional statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91091 of 2025
                 Arising Out of PS. Case No.-529 Year-2025 Thana- CHHATAUNI District- East Champaran
                 ======================================================
                 Manoj Paswan @ Manoj Kumar Paswan Son of Banarasi Ram @ Janak
                 Paswan Resident of Village - Bara Bariyarpur, P.S.- Chhatauni, District - East
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Chhatauni P.S. Case No. 529 of 2025 instituted for the

                   offences punishable under Sections 30(a), 41(1) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 50 litres

                   of liquor was recovered from rickshaw.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. It is

                   further submitted that the name of the petitioner has transpired

                   on the basis of confessional statement of the apprehended co-

                   accused. Petitioner has no concern with the alleged recovery.
           Patna High Court CR. MISC. No.91091 of 2025(2) dt.19-01-2026
                                                       2/2




                     Learned counsel, therefore, submitted that prima-facie, no case

                     is made out against the petitioner. The petitioner has three

                     criminal antecedents. 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 as also the petitioner having three criminal antecedents

                     of similar nature, this Court is not inclined to grant bail to the

                     petitioner.

                                  7. Accordingly, the prayer for grant of anticipatory

                     bail to the petitioner is, hereby, rejected.

                                  8. However, if the petitioner surrenders before the

                     learned court below within a period of six weeks from today and

                     prays for regular bail, the same shall be disposed of on its own

                     merit without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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