Allowed¶20

Babu Sahab Paswan @ Babu Saheb v. The State of Bihar

Patna HC17 Jun 2026CR. MISC./39177/2026

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; Bihar Prohibition and Excise (Amendment) Act, 2022, S. 30(a)(b)(c); illicit liquor manufacture; recovery of nine litre country-made liquor and 220 litre raw material; Lakho P.S. Case No. 5 of 2026, Begusarai; Section 482(2) B.N.S.S., 2023; bail bonds Rs. 10,000 with two sureties; Jitendra Kumar, J.; CRIMINAL MISCELLANEOUS No.39177 of 2026; Patna High Court; decided 17-06-2026.

What did the court decide?

Anticipatory bail granted: petitioner to be enlarged on bail on arrest or surrender before the court below within eight weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) of the B.N.S.S., 2023 and two further cancellation conditions (undisclosed criminal antecedents; wrong statement regarding previous bail petition). ¶20

Babu Sahab Paswan @ Babu Saheb Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the petitioner, apprehending arrest in Lakho P.S. Case No. 5 of 2026 registered under Section 30(a)(b)(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022, should be enlarged on bail.

¶12

Court's answer

Petition allowed: petitioner directed to be enlarged on bail in the event of his arrest or surrender before the court below within eight weeks.

¶20

Ratio / Principle

Bail conditioned on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned concerned court below.

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Key takeaways

Enlargement made subject to the conditions laid down under Section 482(2) of the B.N.S.S., 2023.ratio¶22
Further conditions imposed: the court below shall cancel the bail bonds if the petitioner is found to have concealed criminal antecedents other than the disclosed one (condition (i)), and if the statement regarding a previous bail petition is found wrong (condition (ii)).ratio¶23

Detailed headnote1 paragraphs

Pre-arrest bail granted. Patna High Court (Jitendra Kumar, J.) allowed Criminal Miscellaneous No.39177 of 2026 filed by Babu Sahab Paswan @ Babu Saheb, apprehending arrest in Lakho P.S. Case No. 5 of 2026 (dated 13.01.2026), District Begusarai, registered under Section 30(a)(b)(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022, arising from an allegation of illicit liquor manufacture near a chimney with recovery of nine litres country-made liquor and 220 litres of raw material. Bail ordered on furnishing bonds of Rs. 10,000/- with two like sureties within eight weeks, subject to Section 482(2) of the B.N.S.S., 2023 and conditions permitting cancellation upon undisclosed criminal antecedents or a wrong statement regarding any previous bail petition; the petitioner had disclosed one criminal antecedent and no earlier bail application in the instant case.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39177 of 2026

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Arising Out of PS. Case No.-5 Year-2026 Thana- Lakho District- Begusarai

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

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Babu Sahab Paswan @ Babu Saheb Son of Late Hareram Paswan, Resident of Village- Lakho, Ward No. 04, P.S.- Lakho, District- Begusarai

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarvottam Kumar, Advocate For the State : Ms. Asha Kumari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 17-06-2026

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail, apprehending his arrest, in connection with Lakho P.S. Case No. 5 of 2026, dated 13.01.2026, registered for the offence punishable under Section 30(a)(b)(c) of Bihar Prohibition and Excise (Amendment) Act, 2022.

¶13

As per the secret information received by the police, petitioner was illegally manufacturing illicit liquor in a orchard near a chimney. On such information, when the police reached near the chimney, one person started fleeing away after seeing the police vehicle and he was successful to flee away and as per local chawkidar, the person, who fled away, was the petitioner. Police recovered nine litre country made liquor from

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Patna High Court CR. MISC. No.39177 of 2026(2) dt.17-06-2026 2/3

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the orchard near chimney and 220 litre raw material meant for manufacturing illicit liquor.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the prosecution case against the petitioner is based only on suspicion and wrong identification. He further submits that petitioner has nothing to do with the alleged offence and recovery has been made from the open space and hence, no prima facie case is made out under the Excise Act against the petitioner.

¶17

It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

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It has further been stated in paragraph no.3 of the bail petition that the petitioner has one criminal antecedent.

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However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

¶20

Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his

¶21

Patna High Court CR. MISC. No.39177 of 2026(2) dt.17-06-2026 3/3

¶22

furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Lakho P.S. Case No. 5 of 2026, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

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(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

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(Jitendra Kumar, J.)

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ravishankar/-

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U T

Babu Sahab Paswan @ Babu Saheb v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Babu Sahab Paswan @ Babu Saheb v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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