Patna High Court
Manoj Paswan @ Manoj Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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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