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Patna High Court

Raj Kumar PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.9389 of 2026(2) dt.19-02-2026
                                                        3/3




                      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/-

U      T


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