Patna High Court
Sanjay PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions, as the seizure did not demonstrate possession.
Summary
The petitioner, Sanjay Paswan, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, with four litres of liquor recovered from an open orchard. The petitioner’s counsel argued that the liquor was not in his physical possession, that the seizure was based solely on suspicion, and that there were no independent witnesses linking him to the contraband. The Additional Public Prosecutor opposed the grant of anticipatory bail. The court observed that the recovery did not prima facie establish possession by the petitioner and therefore directed that, if arrested within four weeks, he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order effectively granted anticipatory bail to the petitioner.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged liquor seizure.
- Whether the recovery of illicit liquor establishes possession sufficient to deny bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33756 of 2026
Arising Out of PS. Case No.-229 Year-2019 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Sanjay Paswan Son of Gauri Paswan Resident of Village- Ramsalla, P.S.-
Sadar, District- Darbhanga at present resident of WZ-553, Narain Vihar,
Narayan Industrial Estate P.S. and District- South Delhi, N. Delhi
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Saurav Anand, Advocate
For the Opposite Party : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 06-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Sadar P.S. Case
No.229 of 2019 registered under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 4 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
made from an orchard which is an open place accessible to
Patna High Court CR. MISC. No.33756 of 2026(3) dt.06-07-2026
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general public. It is also submitted that name of petitioner
arrayed solely on the basis of suspicion. It is further
submitted that the petitioner is neither connected with the
seized liquor nor was the petitioner apprehended from the
spot and it can be safely said that recovery of illicit liquor
was not made from conscious possession of this petitioner. It
is also submitted that the seizure list also appears doubtful
being not supported by independent witnesses rather than by
police personnel. Explaining criminal antecedent, it is
submitted that the petitioner found involved in one criminal
case of similar nature.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.33756 of 2026(3) dt.06-07-2026
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Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge- I(Excise Act),
Darbhanga, in connection with Sadar P.S. Case No.229 of
2019, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
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