Patna High Court
CR. MISC./57606/2026 of Vijay Kumar @ Vijay Paswan Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57606 of 2026 Arising Out of PS. Case No.-307 Year-2026 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Vijay Kumar @ Vijay Paswan S/O Late Lakshman Paswan @ Laxman Paswan Resident of Mohalla-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57606 of 2026
Arising Out of PS. Case No.-307 Year-2026 Thana- HAJIPUR SADAR District- Vaishali ======================================================
Vijay Kumar @ Vijay Paswan S/O Late Lakshman Paswan @ Laxman Paswan Resident of Mohalla- Dighi Khurd, P.S- Hajipur Sadar, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Ram Shankar Prasad, Adv.
For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
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ORAL ORDER
19-08-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Hajipur Sadar P.S. Case No. 307 of 2026 for the offence under sections 274, 275 of BNS and Section 30(a) of the Bihar Prohibition and Excise Act lodged on 13.05.2026 by the informant, Amardeep Kumar.
3. As per the prosecution story, the Police on secret information, raided the place and there is recovery/seizure of 5 liter country made liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that the recovery/seizure is from an open place and not from his conscious possession. If granted relief, he shall be diligently appearing in trial.
5. Further, learned counsel for the petitioner relied on Patna High Court CR. MISC. No.57606 of 2026(2) dt.19-08-2026
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.
6. Learned APP opposes the prayer submitting that he has one criminal antecedent.
7. 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, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
8. 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 satisfaction of learned Exclusive Special Excise Court No. 1-cum-Additional Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 307 of 2026 subject to the following conditions:
(i) one of the bailor should be the family Patna High Court CR. MISC. No.57606 of 2026(2) dt.19-08-2026
member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) shall be appearing before the Police Station as and when required for co-operating in the investigation;
(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;
(iv) 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;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
Vijay Singh/- (Rajiv Roy, J) U T