Patna High Court
Phuldev PaswanversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- KHATIM REZA
Holding
The Court held that anticipatory bail could not be granted and dismissed the application.
Summary
The petitioners, Phuldev Paswan, Jitan Devi and Prabhu Paswan, were implicated in a case alleging recovery of illicit country-made liquor from their residences under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act, 2022. They applied for anticipatory bail, contending that the liquor was not in their conscious possession, they were absent during the raid, and the police failed to comply with the mandatory requirements of Section 105 of the BNSS, 2023. The State opposed the bail, relying on Section 76(2) of the Bihar Prohibition and Excise Act, 2016, which it argued makes anticipatory bail unavailable in such cases. The Court examined the nature of the allegations, the statutory bar, and the procedural deficiencies alleged by the petitioners. Concluding that the seriousness of the offence and the statutory provision precluded anticipatory bail, the Court rejected the petitioners' prayer and dismissed the application.
Issues considered
- Whether anticipatory bail is maintainable under Section 76(2) of the Bihar Prohibition and Excise Act, 2016 in cases of alleged possession of illicit liquor.
- Whether the failure to comply with Section 105 of the BNSS, 2023 during search and seizure warrants denial of anticipatory bail.
- Whether the nature of the alleged offence justifies the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 76(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 32, 41(1)
- BNSS, 2023 — s. 105
Subjects
- anticipatory bail
- prohibition act
- illicit liquor
- search and seizure
- procedural compliance
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32514 of 2026
Arising Out of PS. Case No.-109 Year-2025 Thana- Bhopatpur District- East Champaran
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1. Phuldev Paswan Son of Jagat Paswan Resident of Village -Bhopatpur,
Paswan Toli, PS- Bhopatpur, Dist- East Champaran
2. Jitan Devi Wife of Bhagwan paswan Resident of Village -Bhopatpur,
Paswan Toli, PS- Bhopatpur, Dist- East Champaran
3. Prabhu Paswan Resident of Village -Bhopatpur, Paswan Toli, PS-
Bhopatpur, Dist- East Champaran, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Ranjan, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners apprehend arrest in connection with
Bhopatpur PS Case No.109 of 2025 dated 12.10.2025, instituted
under Sections 30(a), 32, 41(1) of the Bihar Prohibition and
Excise Act, 2022.
3. The allegation is of recovery of 20 litres of illicit
country-made liquor from the house of petitioner no.1, 20 litres
from the house of petitioner no.2 whereas 25 litres from the
Patna High Court CR. MISC. No.32514 of 2026(2) dt.13-05-2026
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house of petitioner no.3.
4. Learned counsel appearing on behalf of the
petitioners submits that the petitioners are innocent and nothing
incriminating has been recovered from their conscious
possession. It is submitted that at the time of the alleged raid the
petitioners were not present in their houses and they have been
falsely implicated only on account of arbitrariness of the police
officials. It is further submitted that the mandatory requirement
of Section 105 of the BNSS, 2023 has not been followed during
the alleged search and seizure. Learned counsel further submits
that there is no independent witness to corroborate the
prosecution story and the petitioners have clean antecedents.
5. Learned APP has opposed the prayer for bail and
submits that in view of Section 76(2) of the Bihar Prohibition
and Excise Act, 2016, the anticipatory bail application is not
maintainable.
6. Considering the nature of allegation and the
recovery of illicit country-made liquor from the houses of the
petitioners, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioners.
7. Accordingly, prayer of the petitioners for grant of
anticipatory bail is rejected.
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8. The application stands dismissed.
(Khatim Reza, J)
shyambihari/-
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