IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58714 of 2026 Arising Out of PS. Case No.-141 Year-2025 Thana- Excise P.S. District- Madhubani ====================================================== Shiv Shankar Paswan S/o Fekan Paswan Resident of Village- Gangdwar, P.S. -Andhratharhi, District- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Jha, Adv. For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 19-08-2026 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Madhubani Sadar Excise P.S. Case No. 141 of 2025, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. Acting on a tip off regarding trafficking of illicit wine, the police apprehended a motorcycle rider and in course of search, total 35 liters of illicit chulai liquor has been recovered. 4. Learned Advocate for the petitioner referring to the FIR contended that there is no iota of materials, which suggest the presence of the petitioner in the crime; besides even during the course of investigation, no incriminating materials has Patna High Court CR. MISC. No.58714 of 2026(2) dt.19-08-2026 2/3 surfaced, depicting the complicity of the petitioner in crime. Only by virtue of he being owner of the motorcycle, in question, his name has been implicated in this case. On the fateful day, the motorcycle of the petitioner was taken away by co-accused Ugan Paswan, who is none-else but the brother-in-law of the petitioner. However, the petitioner was not aware that his motorcycle has ever been used for any illicit purpose. Since nothing has been recovered from the conscious and constructive possession of the petitioner, besides there is non compliance of statutory prescriptions of Sections 103(4) & 105 of the BNSS, it is the contention of the learned Advocate for the petitioner that even the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act would not be applicable in this case. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the Court. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the use of the motorcycle of the petitioner in crime clearly suggest his complicity. 6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the non compliance of the statutory prescriptions of the Patna High Court CR. MISC. No.58714 of 2026(2) dt.19-08-2026 3/3 BNSS. Save and except the petitioner being owner of the motorcycle, there is no other material suggesting his complicity; besides his fair antecedent and any materials which attract the statutory bar to maintain the anticipatory bail, 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 furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court, Madhubani in connection with Madhubani Sadar Excise P.S. Case No. 141 of 2025, 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. sumit/- (Harish Kumar, J) U T