Patna High Court
CR. MISC./51113/2026 of Mahendra Paswan Vs The State of Bihar on 29 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51113 of 2026 Arising Out of PS. Case No.-397 Year-2026 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1. Mahendra Paswan S/o Krishna Paswan R/o Amrit Bigha, P.S.- Daudnagar, Distt.- Aurangabad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51113 of 2026
Arising Out of PS. Case No.-397 Year-2026 Thana- DAUDNAGAR District- Aurangabad
======================================================
1.
Mahendra Paswan S/o Krishna Paswan R/o Amrit Bigha, P.S.- Daudnagar, Distt.- Aurangabad
2.
Sanju Kumar @ Sanjeev Kumar S/o Birendra Paswan R/o Amrit Bigha, P.S.- Daudnagar, Distt.- Aurangabad
3.
Shailesh Kumar @ Bagha S/o Mahendra Paswan R/o Amrit Bigha, P.S.- Daudnagar, Distt.- Aurangabad
4.
Lala Kumar @ Dhirendra Kumar S/o Rameshwar Paswan R/o vill - Jamhor, P.S.- Obra, Distt.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Mr. Ashok Kumar No.6, Adv.
For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
29-07-2026 Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State.
2. At the outset, learned Advocate for the petitioners submits that during the pendency of the present application, the petitioner no. 3 got arrested and, as such, he is not pressing the application on his behalf.
3. The petitioner nos. 1, 2 and 4 are apprehending their arrest in connection with Daudnagar P.S. Case No. 397 of 2026, registered for the offences punishable under Sections 190, 191(2), 191(3), 115(2), 352, 351(2), 324 and 132 of the B.N.S.
Patna High Court CR. MISC. No.51113 of 2026(2) dt.29-07-2026
4. Acting on a tip-off regarding manufacturing and sale of illicit wine, the police conducted raid and apprehended one Mahendra Paswan. In course of search, 48.600 liters fermented illicit liquor was recovered in a hut. While the police personnels were taking the apprehended person to nearby police station, in the meanwhile, 15-20 persons, including the present petitioners, assembled there and started brick-batting and assaulting the police personnels in order to release the apprehended person from custody.
5. Learned Advocate for the petitioners submitted that the petitioners have nothing to do with the hut from where the recovery has been made. Only on account of the fact that when commotions have been made, the petitioners along with others assembled there and, in the meanwhile, on account of altercation which took place between the villagers and the police personnels, the name of the petitioners have also been implicated in this case. The petitioner nos. 1 and 2 have no criminal antecedent, whereas petitioner no. 4 carrying two criminal antecedents of identical nature, and that may be one of the reasons for implication of the name of the petitioners. There is complete defiance of Sections 103 and 105 of the BNSS. It is lastly contended that the petitioners undertake that they will fully co-operate in the proceeding of the Court.
Patna High Court CR. MISC. No.51113 of 2026(2) dt.29-07-2026
6. On the other hand, learned Advocate for the State opposed the pre-arrest bail application.
7. Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from a hut, which does not belong to the petitioners, coupled with the omnibus nature of allegation, besides non-compliance of the statutory prescriptions of the BNSS, and the lack of materials which attracts the rigors to maintain the anticipatory bail, let the petitioner nos. 1, 2 and 4 above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-II, Aurangabad in connection with Daudnagar P.S. Case No. 397 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners.
shivank/- (Harish Kumar, J) U T