Patna High Court
Lakhindra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioner, subject to a bond and sureties, under the conditions of Section 482(2) of the BNSS.
Summary
The petitioner, Lakhindra Paswan, applied for pre‑arrest bail in a case where 15 litres of illicit country‑made liquor were recovered from a banana orchard near his house. The offence alleged is punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was falsely implicated and had no involvement in the possession, trade or consumption of the seized liquor, emphasizing that the orchard is an open, publicly accessible area. The State opposed the bail, but the court noted the open‑place recovery and the State's failure to implement its liquor policy. Consequently, the court ordered that the petitioner be released on pre‑arrest bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the BNSS, and directed the District Court to verify any prior criminal antecedents. The bail application was disposed with the grant of bail.
Issues considered
- Whether pre‑arrest bail should be granted in a case of alleged possession of illicit liquor recovered from an open place under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the conditions of Section 482(2) of the BNSS are applicable to the grant of pre‑arrest bail
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- open place recovery
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25419 of 2026
Arising Out of PS. Case No.-119 Year-2026 Thana- BABUBARHI District- Madhubani
======================================================
Lakhindra Paswan, Male, Age about- 39 years, Son of Bachhelal Paswan @
Bachchan Paswan, R/o Village - Bausi, P.S - Babubarhi, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Archna Aanand, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard Mrs. Archna Aanand, learned counsel
appearing on behalf of the petitioner and Mr. Awadhesh Kumar
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Babubarhi P.S. Case No. 119 of 2026 arising out of G.R.
Case No. 317 of 2026 registered for the offence punishable
under Section 30 (a) of the Bihar Prohibition and Excise Act as
amended up-to-date.
3. Allegation is of recovery of 15 litres of illicit
country-made liquor from a banana orchard located near the
house of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in the present case. Petitioner has no concern with the alleged
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seized liquor nor he is involved in trade or consumption of illicit
liquor in any manner. The recovery was made from a banana
orchard, which is an open place and easily accessible to anyone.
On these grounds, petitioner seeks to be released on pre-arrest
bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that the recovery of 15 litres of
illicit liquor was made from a banana orchard, which is an open
place and easily accessible to any one and also the fact that the
State has failed to implement its liquor policy in its true spirit,
the petitioner, above named, is directed to be released on pre-
arrest bail, in the event of his/her arrest or surrender before the
learned District Court within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned District Court where the case is pending, in
connection with Babubarhi P.S. Case No. 119 of 2026 arising
out of G.R. Case No. 317 of 2026, subject to the condition as
laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify
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the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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