Patna High Court
CR. MISC./43997/2026 of Bablu Paswan Vs The State of Bihar on 8 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43997 of 2026 Arising Out of PS. Case No.-11 Year-2026 Thana- Karnamepur District- Bhojpur ====================================================== Bablu Paswan, Son of Lalji Paswan Resident Of Village- Khutaha Ramdatahi P S- Karnamepur
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43997 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- Karnamepur District- Bhojpur ======================================================
Bablu Paswan, Son of Lalji Paswan Resident Of Village- Khutaha Ramdatahi P S- Karnamepur (Shahpur), District -Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Bibhakar Tiwary, Adv.
For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
08-07-2026 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Karnamepur P.S. Case No. 11 of 2026, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The police in course of patrolling duty intercepted an electric tempo and apprehended two persons, who were riding thereon. In course of search, total 77.76 liters Indian made foreign liquor was recovered.
4. Learned Advocate for the petitioner submitted that the name of the petitioner has been implicated in this case only on account of the fact that the petitioner being owner of the tempo, in question. In fact, the vehicle was being run on rent Patna High Court CR. MISC. No.43997 of 2026(2) dt.08-07-2026
for carrying passengers and the petitioner was not aware as to whether his tempo has ever been used for illicit purpose. It is further contended that nothing has been recovered from the conscious and constructive possession of the petitioner and, as such, the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act is not applicable. Moreover, there is defiance of statutory provisions of Sections 103 and 105 of the BNSS. It is lastly contended that the petitioner bears fair antecedent.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the submissions advanced by learned Advocate for the respective parties and taking note of the fact that the name of the petitioner has been implicated only by virtue of he being owner of the tempo, in question, which was being run on rent for carrying passenger and further there is no cogent materials attracting the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, let the petitioner above named be released on bail, in the event of his 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 Patna High Court CR. MISC. No.43997 of 2026(2) dt.08-07-2026
furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Excise Court No. 2, Bhojpur at Ara in connection with Karnamepur P.S. Case No. 11 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 petitioner.
shivank/- (Harish Kumar, J) U T