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Patna High Court

Subodh PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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