Tufani Pasi @ Manish Kumar Pasi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Tufani Pasi @ Manish Kumar Pasi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail on arrest or surrender before the learned Court below (Exclusive Special Judge Excise, Court No.1, Siwan) within four weeks, on bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each, subject to Section 482(2) BNSS conditions and with one bailor being an own/close family member of the petitioner.

Issue for consideration

Whether the petitioner, apprehending arrest in Mairwa P.S. Case No. 477 of 2024 (registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged trade of illicit wine), is entitled to anticipatory bail. +1 more

Court's answer

Anticipatory bail granted: the petitioner is to be released on bail in the event of his arrest or surrender before the learned Court below within four weeks, on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each.

Ratio / Principle

Bail was granted considering that the alleged recovery was made from an open place, coupled with the petitioner's fair antecedent and the lack of materials attracting the rigours under Section 76(2) of the Bihar Prohibition and Excise Act, 2016.

Key takeaways

The release on bail is subject to the conditions laid down under Section 482(2) of the BNSS, with the further condition that one of the bailors shall be an own/close family member of the petitioner; bail to be furnished to the satisfaction of the Exclusive Special Judge Excise, Court No.1, Siwan in connection with Mairwa P.S. Case No. 477 of 2024.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail granted to Tufani Pasi @ Manish Kumar Pasi in Mairwa P.S. Case No. 477 of 2024 (District Siwan), registered for an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 arising from an alleged raid at Vishunpura Bazar in which 50 ltrs of Mahua liquor was recovered and the petitioner was said to have been identified among persons who fled. Counsel contended that the recovery was from an open, publicly accessible place, that identification by the local Chowkidar did not inspire confidence, and that Sections 103 and 105 of the BNSS were not complied with during search and seizure; the petitioner claimed fair antecedents. Holding that there were no materials attracting the rigours under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, and noting the recovery from an open place and the petitioner's fair antecedents, the Court directed release on bail upon arrest or surrender within four weeks on a bond of Rs. 10,000/- with two sureties of the like amount, before the Exclusive Special Judge Excise, Court No.1, Siwan, subject to Section 482(2) of the BNSS and the condition that one bailor be an own/close family member.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31025 of 2025

Arising Out of PS. Case No.-477 Year-2024 Thana- MAIRWAN District- Siwan

======================================================

Tufani Pasi @ Manish Kumar Pasi, S/o- Late Mahesh Pasi, Resident of Village - Vishunpura, P.S. - Mairwa, District – Siwan.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Opposite Party/s : Mr. Nityanand, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 20-05-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner apprehends his arrest in connection with Mairwa P.S. Case No. 477 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

The allegation against the petitioner is of involved in trade of illicit wine; the police conducted raid at Vishunpura Bazar. However, noticing the police party, five persons who were assembled there succeeded in fleeing away. In course of search, total 50 lts. of Mahua liquor was recovered. The local Chowkidar identified the persons, who succeeded in fleeing away and one of them is said to be petitioner.

Learned counsel for the petitioner taking this Court

Patna High Court CR. MISC. No.31025 of 2025(2) dt.20-05-2025 2/3

through the FIR and the seizure list has contended that the alleged recovery has been made from the market, which is an open place and easily accessible to all. Identification of the petitioner by the local Chowkidar also does not inspire confidence as they are the persons of different places. There are various other infirmities in search and seizure, coupled with the non-compliance of Sections 103 and 105 of the BNSS. Moreover, the petitioner is a man of fair antecedent and he undertakes that he will fully cooperate in the proceedings of the Court.

On the other hand, learned counsel for the State opposed the bail application.

Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from an open place, coupled with the fair antecedent and the lack of materials attracting the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.31025 of 2025(2) dt.20-05-2025 3/3

Exclusive Special Judge Excise, Court No.1, Siwan in connection with Mairwa P.S. Case No. 477 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

rohit/-

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