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Patna High Court

Lakhindra PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.25419 of 2026(2) dt.22-04-2026
                                            2/3




          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
              Patna High Court CR. MISC. No.25419 of 2026(2) dt.22-04-2026
                                                          3/3




                        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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