Patna High Court
CR. MISC./44072/2026 of Lakshmi Paswan Vs The State of Bihar on 8 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44072 of 2026 Arising Out of PS. Case No.-115 Year-2026 Thana- RISIYAP District- Aurangabad ====================================================== Lakshmi Paswan Son of Aditya Paswan R/o Village- Banahi, P.S.- Risiup, District- Aurangabad.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44072 of 2026
Arising Out of PS. Case No.-115 Year-2026 Thana- RISIYAP District- Aurangabad ======================================================
Lakshmi Paswan Son of Aditya Paswan R/o Village- Banahi, P.S.- Risiup, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Ms.Mukul Kumari
For the Opposite Party/s :
Mr.Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
08-07-2026 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Risiup P.S. Case No. 115 of 2026, G.R. No. 955 of 2026, registered for the offences punishable under Sections 30(a), 32, 41(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Acting on a tip-off regarding the storage of liquor, the police conducted a raid and, during the search, recovered 90 litres of spirit and 100 empty bottles from a heap of straw near the borewell of one Ramanand Rajak.
4. Learned Advocate for the petitioner submitted that from the prosecution case it is evident that the alleged recovery has been made nearby a borewell of Ramanand Rajak and as Patna High Court CR. MISC. No.44072 of 2026(2) dt.08-07-2026
such it is an open place easily accessible to all. Moreover, the petitioner has neither any concern with the place from where recovery has been made nor with the illicit spirit and the empty bottles. Only on account of one criminal antecedent of identical nature, the name of the petitioner has been implicated in this case without there being any material suggesting his complicity in the crime. The petitioner undertakes that he will fully cooperate in the proceeding of the court. Moreover, there is no material attracting the rigors provided under Section 76 of the Bihar Prohibition and Excise (Amendment) Act.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application.
6. Having considered the submissions advanced on behalf of the respective parties and considering the fact that the alleged recovery has been made from an open place easily accessible to all, coupled with defiance of Sections 103 and 105 of the BNSS and lack of material which attracts the rigors regarding maintainability of anticipatory bail, let the petitioner abovenamed 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 furnishing bail bonds of Rs.10,000/- (ten thousand)
Patna High Court CR. MISC. No.44072 of 2026(2) dt.08-07-2026
with two sureties of the like amount each to the satisfaction of the learned Special Judge of Excise-II, Aurangabad in connection with Risiup P.S. Case No. 115 of 2026, G.R. No. 955 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.
Anjani/- (Harish Kumar, J) U T