Patna High Court
Raj Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
Anticipatory bail was granted to the petitioner subject to bail bond, sureties and compliance with Section 482(2) of the CrPC.
Summary
Petitioner Raj Kumar Paswan was named in a FIR for alleged involvement in the seizure of 21.240 litres of illicit English liquor under Section 30(a) of the Bihar Prohibition and Excise Act, based solely on the statement of co-accused Shailendra Tiwary. The petitioner contended that he was not present at the scene, had no ownership of the vehicle, and that the FIR was lodged two hours after the seizure, casting doubt on the prosecution's case. The State opposed anticipatory bail, arguing that the petitioner was a named accused. The Court considered the petitioner’s clean antecedent, lack of direct evidence, and the circumstances of the disclosure, and ordered that anticipatory bail be granted if the petitioner surrenders within six weeks, subject to a bail bond and sureties, and the conditions of Section 482(2) of the CrPC. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the co-accused's oral disclosure alone is sufficient to justify the petitioner’s arrest
- Whether the delay between seizure and filing of the FIR affects the validity of the charges
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- co-accused testimony
- Section 30(a)
- Section 482 CrPC
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9389 of 2026
Arising Out of PS. Case No.-381 Year-2023 Thana- SAHPUR District- Bhojpur
======================================================
Raj Kumar Paswan Son of Vijay Paswan Resident of Village- Chotki
Nainizore, P.S.- Nainizore (Brahmpur), District- Buxar
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bibhakar Tiwary, Advocate
Mr. Dilip Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Shahpur (Karnamepur O.P.) P.S. Case No. 381
of 2023 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, on the secret information
21.240 litre illicit English liquor was recovered from the
motorcycle in question and co-accused Shailendra Tiwary @
Naga Tiwary, who was apprehended on spot, disclosed the name
of the petitioner and others, who were said to have acted as
liner.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.9389 of 2026(2) dt.19-02-2026
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petitioner is innocent and has committed no offence as alleged
in the FIR and he has falsely been implicated in this case. He
further submits that petitioner was not found at the place of
occurrence and nothing has been recovered from the conscious
possession of the petitioner. It is submitted that the name of the
petitioner has transpired only on the basis of disclosure made by
the apprehended co-accused Shailendra Tiwary @ Naga Tiwary
except disclosure of the said co-accused there is nothing on
record to connect the present petitioner with the alleged
occurrence. He further submits that petitioner is not the owner
of the vehicle in question and has no concern with the alleged
recovery. It is further submitted that the search and seizure was
made on 23.08.2023 at 08:10 A.M. whereas the formal F.I.R.
was lodged on 23.08.2023 at 10:40 A.M., i.e., after more than
two hours from the alleged seizure which creates doubt on the
truthfulness of the prosecution story. In the light of the aforesaid
facts and circumstances of the case, petitioner cannot be held
liable for the same and no offence is made out as alleged in the
FIR against the petitioner. Apart from that petitioner bears no
criminal antecedent.
5. 5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioner and submits that the
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petitioner is F.I.R. named accused hence, he cannot escape from
the allegation made in the F.I.R.
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
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, Bhojpur at Ara in connection with Shahpur
(Karnamepur O.P.) P.S. Case No. 381 of 2023, subject to the
conditions as laid down under Section 482(2) of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
Nilmani/-
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