Indrajeet Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Indrajeet Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: on arrest or surrender before the court below within four weeks of the order, release on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court-03, Gaya, subject to conditions under Section 482(2) BNSS.

Issue for consideration

Whether the petitioner, who apprehends arrest in Excise Sherghati P.S. Case No.123 of 2026 and whose name surfaced in the FIR allegedly solely because he is the registered owner of the seized vehicle (with no material showing conscious possession or complicity), should be granted anticipatory bail.

Court's answer

Taking note of the factual submissions, the court recorded the prima facie view that the recovery of illicit liquor does not appear to have been made from the physical possession of the petitioner.

Ratio / Principle

Anticipatory bail granted: the petitioner, described as a man of clean antecedent, is directed, in the event of his arrest or surrender within four weeks, to be released on bail on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court-03, Gaya, in connection with Excise Sherghati P.S. Case No.123 of 2026, subject to the conditions under Section 482(2) BNSS.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court allowed the prayer of Indrajeet Paswan, named in the FIR in Excise Sherghati P.S. Case No.123 of 2026 under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act. Counsel contended the petitioner surfaced only as registered owner of the seized Toto (Regn. No. BR-02RA-7120) from which 4.125 litres of IMFL/country-made liquor was recovered, with the seizure list unsupported by independent witnesses. Taking a prima facie view that the recovery did not appear to be from the petitioner's physical possession and noting his clean antecedents, the Court directed release on bail upon arrest or surrender within four weeks, on a bail bond of Rs.10,000/- with two like sureties each, to the satisfaction of the learned Exclusive Special Excise Court-03, Gaya, subject to Section 482(2) BNSS conditions. (Chandra Shekhar Jha, J.; 22-07-2026)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45767 of 2026

Arising Out of PS. Case No.-123 Year-2026 Thana- EXCISE SHERGHATI District- Gaya

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

Indrajeet Paswan, S/o Ganu Paswan, R/o Village- Gulani, P.S- Gurua, DistGaya.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 22-07-2026

Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

The accused/petitioner is named in the FIR and apprehending his arrest in connection with Excise Sherghati P.S. Case No.123 of 2026 registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act.

Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 4.125 litres of IMFL/country-made liquor.

It is submitted by learned counsel appearing for

the petitioner that the seized illicit liquor was recovered from

Patna High Court CR. MISC. No.45767 of 2026(2) dt.22-07-2026 2/3

a Toto bearing Registration No. BR-02RA-7120. It is further submitted that the petitioner’s name has been surfaced in the present case solely on the ground that he is the registered owner of the seized vehicle, and not on the basis of any material demonstrating his conscious possession, involvement or complicity in the alleged offence. It is also pointed out that seizure list appears doubtful being not supported by independent witnesses rather than by police personnel. Moreover, petitioner claimed clean antecedent.

Learned APP opposed the prayer of anticipatory bail to the petitioner.

In view of aforesaid factual submissions and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner above-named, who is a man of clean antecedent, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.45767 of 2026(2) dt.22-07-2026 3/3

learned Exclusive Special Excise Court-03, Gaya in connection with Excise Sherghati P.S. Case No.123 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.)

Raushan/-

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