Allowed¶20

Ritesh Paswan v. The State of Bihar

Patna HC29 Apr 2026CR. MISC./27816/2026

Case brief

AI extract

What is this about?

Anticipatory bail; Bihar Prohibition and Excise Act sections 30(a); Section 76(2) bar; Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 (Full Bench, Patna High Court); 50 litre country-made liquor recovery; motorcycle interception; Raghunathpur P.S. Case No. 372 of 2025; East Champaran; bail bond Rs. 10,000 with two sureties; fortnightly police attendance condition for six months.

What did the court decide?

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender within four weeks, on a bail bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the learned Special Judge, Excise Court No.1, Motihari, East Champaran, subject to stated conditions. ¶20

Ritesh Paswan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Raghunathpur P.S. Case No. 372 of 2025 (offence under sections 30(a) of the Bihar Prohibition and Excise Act), is entitled to anticipatory bail notwithstanding the statutory bar under Section 76(2) of the Act.

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Court's answer

Anticipatory bail is granted in this excise case despite the bar under Section 76(2): taking into account the parties' submissions and the Full Bench judgment in Ram Vinay Yadav v. State of Bihar, and since nothing was recovered from the petitioner's conscious possession and he neither owns the vehicle nor was driving it, the Court extended the privilege of anticipatory bail with conditions.

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Ratio / Principle

The petitioner is to be released on bail in the event of arrest or surrender within four weeks of receipt of the order, on furnishing a bail bond of Rs. 10,000/- with two sureties of like amount each.

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Key takeaways

Bail is to the satisfaction of the learned Special Judge, Excise Court No.1, Motihari, East Champaran, in connection with Raghunathpur P.S. Case No. 372 of 2025, subject to six enumerated conditions.ratio¶22
Condition (iv): the petitioner shall appear before the concerned police station every fortnight for six months to mark attendance, submit a certificate thereafter, failing which steps shall be taken for cancellation of the bail bonds.ratio¶26

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, CRIMINAL MISCELLANEOUS No.27816 of 2026, decided 29-04-2026, Rajiv Roy, J.) to a petitioner apprehending arrest in Raghunathpur P.S. Case No. 372 of 2025 under sections 30(a) of the Bihar Prohibition and Excise Act, notwithstanding the bar under Section 76(2) of the Act, reliance being placed on the Full Bench decision in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089, and on the facts that nothing was recovered from his conscious possession and that he neither owned the intercepted motorcycle nor was driving it; bail fixed at Rs. 10,000/- with two like sureties before the learned Special Judge, Excise Court No.1, Motihari, East Champaran, with conditions including fortnightly police-station reporting for six months with certificate thereafter.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27816 of 2026

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Arising Out of PS. Case No.-372 Year-2025 Thana- Raghunathpur District- East Champaran

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

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Ritesh Paswan S/o Arbind Paswan R/o vill- Raghunathpur, Ps- Raghunathpur, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the State : Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 29-04-2026 Heard the parties.

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The petitioner is apprehending his arrest in

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connection with Raghunathpur P.S. Case No. 372 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 23.12.2025 by the informant, Neelam Kumari.

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As per the prosecution story, the informant alleged that on secret information, a motorcycle was intercepted and there is recovery/seizure of 50 liter country made liquor. This led to the FIR.

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Learned counsel for the petitioner submits that only because of criminal antecedent, the locals have named him. He

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Patna High Court CR. MISC. No.27816 of 2026(2) dt.29-04-2026 2/4

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was neither driving the vehicle nor is owned by him.

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Further, learned counsel for the petitioner relied on the judgment of the Full Bench of Hon’ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.

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Learned APP opposes the prayer submitting that he has criminal antecedent.

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Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra) , as also that nothing has been recovered from his conscious possession, neither he owns the vehicle nor he was driving, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

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Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/(Ten thousand) with two sureties of like amount each to the

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Patna High Court CR. MISC. No.27816 of 2026(2) dt.29-04-2026 3/4

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satisfaction of learned Special Judge, Excise Court No.1, Motihari, East Champaran in connection with Raghunathpur P.S. Case No. 372 of 2025 subject to the following conditions:

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(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

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(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;

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(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

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(iv) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds;

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(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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Patna High Court CR. MISC. No.27816 of 2026(2) dt.29-04-2026 4/4

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(vi) the petitioner shall desist from committing any

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criminal offence again, failing which the State shall be at liberty

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to take steps for cancellation of his bail bonds.

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(Rajiv Roy, J)

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vinayak/-