Patna High Court

Vikki PaswanversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioners under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, subject to bond and surety conditions.

Summary

The petitioners, Vikki Paswan and Chandan Kumar, sought anticipatory bail fearing arrest in a case (M.U.P.S. No.230 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act involving the recovery of 390.75 litres of liquor. They contended that their names were implicated solely on the basis of a co‑accused’s statement, that they had no knowledge of the liquor in the vehicle, and that they possessed no criminal antecedents, thereby arguing that no prima‑facie case existed. The State opposed the bail application. The Court examined the allegations, noted the lack of direct evidence against the petitioners, and invoked Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 to grant anticipatory bail, subject to a cash bond of Rs 15,000 and two sureties of the same amount, provided the petitioners surrender within six weeks. The order also imposed the usual conditions of anticipatory bail. The bail was thus granted pending further proceedings.

Issues considered

Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the disclosure by a co‑accused suffices to establish a prima‑facie case against the petitioners.
Whether the petitioners’ lack of knowledge and absence of criminal antecedent warrant the grant of anticipatory bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 482(2)
false implication
liquor seizure
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.9765 of 2026
                 Arising Out of PS. Case No.-230 Year-2025 Thana- MAGADH UNIVERSITY District- Gaya
                 ======================================================
           1.     Vikki Paswan S/O Kapil Paswan R/v- Bagalti Ps- Mohanpur Dist- Gaya
           2.    Chandan Kumar S/o- Yogendra Thakur R/v- Chhotki Badbhani Mocharim
                 Ps- Bodhgaya Dist- Gaya

                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rakesh Kumar, Advocate
                 For the Opposite Party/s :      Mr.Sharda Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners apprehend their arrest in connection

                   with M.U.P.S. Case No. 230 of 2025, instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that total 390.75

                   litres of liquor was recovered from car.

                           4.       Learned counsel for the petitioners submitted that

                   the petitioners have falsely been implicated in the present case.

                   The name of the petitioners transpired in this case on the basis

                   of disclosure made by co-accused Sunil Kumar Paswan. The

                   petitioners have got no concern with the alleged recovery of

                   liquor. The petitioners have no criminal antecedent. There is no
           Patna High Court CR. MISC. No.9765 of 2026(2) dt.13-02-2026
                                                       2/2




                     compliance of Section 103 of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023. The petitioner No.2 is the owner of alleged

                     vehicle and he has no knowledge regarding nature goods loaded

                     by the driver of the vehicle. Learned counsel for the petitioners,

                     therefore, contends that prima-facie no case is made out against

                     the petitioners.

                             5.      Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioners.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, let the petitioners above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with M.U.P.S. Case No.

                     230 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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