Patna High Court
Subodh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that bail may be granted to the petitioner subject to a bond, sureties, and verification of antecedents under Section 482(2) of the Bihar Narcotic and Substance (Control) Act.
Summary
Subodh Paswan was arrested in connection with a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for allegedly selling illegal liquor. Police seized 5 litres of country‑made liquor from his house and another 5 litres from a motorcycle parked outside, which the petitioner claims does not belong to him. He contended that the house is joint family property and the liquor was placed there by another family member, asserting no criminal antecedent. The State opposed bail, but the court, after hearing both sides, ordered that the petitioner be released on bail upon furnishing a Rs 10,000 bond with two sureties, subject to verification of his antecedents under Section 482(2) of the Bihar Narcotic and Substance (Control) Act. The order also directed the Special Excise Court to cancel the bail if any concealment of antecedents is discovered.
Issues considered
- Whether the petitioner is entitled to bail despite the seizure of illegal liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the ownership of the seized motorcycle and the joint family nature of the house affect bail eligibility.
- Whether the court may impose conditions under Section 482(2) of the Bihar Narcotic and Substance (Control) Act for verification of criminal antecedents.
Legislation cited
- Bihar Narcotic and Substance (Control) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illegal liquor
- Bihar Prohibition and Excise Act
- joint family property
- criminal antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18440 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- JANDAHA District- Vaishali
======================================================
Subodh Paswan S/o Bhabhikshan Paswan @ Babichhan Paswan R/o vill -
Khopi Mokkri, P.S.- Jandaha, Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate
For the Opposite Party/s : Mrs. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 25-03-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Jandaha P.S. Case No. 10 of 2026 for allegedly
having committed offence under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, while the police
personnel were on patrolling duty, they got secret information
that one Subodh Paswan is selling illegal liquor along with his
associates. Upon the said information, the police personnel
reached near the house of Subodh Paswan and one Apache
Motorcycle was found parked in front of his house. On seeing
the Police personnel, another person who was standing near the
motorcycle, tried to flee away and on Hulla two other persons
Patna High Court CR. MISC. No.18440 of 2026(2) dt.25-03-2026
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also started fleeing away from the house of the Subodh Paswan,
who were apprehended while the another persons managed to
flee away. Upon search, 5 litres of country made liquor was
recovered from the Apache motorcycle and 5 litres of country
made liquor was recovered from the house of the petitioner.
4. The learned counsel for the petitioner submits
that the petitioner has got no concern with the alleged seized
liquor and the Apache motorcycle does not belong to the
petitioner. So far the house in question, from which 5 litres of
country made liquor have been recovered, is concerned, the
same is the joint family property of the petitioner. Since, there
was an altercation between the family members of the petitioner
and Raushan Kumar and the said Raushan Kumar kept the
alleged wine in the house of the petitioner and disclosed the
name of the petitioner before the Police. The petitioner has got
no criminal antecedent.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner.
6. Having heard the learned counsel for the parties,
let the petitioner, above named, in the event of arrest or
surrender within a period of eight weeks, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
Patna High Court CR. MISC. No.18440 of 2026(2) dt.25-03-2026
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sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court No.1-Cum-Additional District
and Session Judge, Vaishali at Hajipur in connection with
Jandaha P.S. Case No. 10 of 2026, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S., with further
condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U T
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