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Patna High Court

Sunil PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted as no offence under the Act is made out and the seizure was not from the petitioner’s conscious possession, notwithstanding Section 76(2).

Summary

Sunil Paswan applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after police seized 30 litres of foreign liquor hidden in water, which was not in his conscious possession. The prosecution alleged the offence based on a secret raid and cited the petitioner’s criminal antecedents. The petitioner relied on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which held that anticipatory bail can be granted despite the bar in Section 76(2) if no offence is made out. The court examined the facts, noted that the seized liquor was not recovered from the petitioner’s possession, and considered the precedent. It consequently granted anticipatory bail with a set of stringent conditions, including surety, regular appearances before police and court, and non‑interference with witnesses. The order directs that bail be released within four weeks upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
  • Whether the fact that the seized liquor was not in the petitioner’s conscious possession justifies anticipatory bail.
  • Whether the petitioner’s criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • seizure
  • conscious possession
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34581 of 2026
                    Arising Out of PS. Case No.-217 Year-2026 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Sunil Paswan S/o Mahabir Paswan Resident of Village - Kolhuarwa,
                 Awadhesh Chauk, Ward No.- 5, P.S.- Motihari Town, District - East
                 Champaran
                                                                     ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Balgovind Sharma, Advocate
                 For the Opposite Party/s :      Mr.Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   19-05-2026                    Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Town P.S. Case No. 217 of 2026 for the offence

                   under sections 30(a) of the Bihar Prohibition and Excise Act

                   lodged on 02.03.2026 by the informant, K. V. Hanumant.

                                3. As per the prosecution story, the Police on secret

                   information raided the place and in a bag hidden in the water, 30

                   liters foreign liquor recovered/seized. This led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   nothing has been recovered from his conscious possession rather

                   only because of criminal antecedents got implicated.

                                5. Further, learned counsel for the petitioner relied on

                   the judgment of the Full Bench of Hon’ble Patna High Court in

                   the case of Ram Vinay Yadav vs. State of Bihar reported in

                   2019 (2) PLJR 1089 wherein it has been held that an
Patna High Court CR. MISC. No.34581 of 2026(2) dt.19-05-2026
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          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation

          made in the FIR, no offence under the said provision is made

          out.

                       6. Learned APP opposes the prayer submitting that he

          has criminal antecedent.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that recovery/seizure is not from his conscious possession,

          in that background, this Court is inclined to extend him the

          privilege of anticipatory bail with conditions.

                       8. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Special Judge, Excise Court No. 1, East

          Champaran, Motihari in connection with Town P.S. Case No.

          217 of 2026 subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;
           Patna High Court CR. MISC. No.34581 of 2026(2) dt.19-05-2026
                                                       3/3




                                  (ii) the petitioner shall be appearing before the Police

                     Station as and when required for cooperating in the

                     investigation;

                                  (iii) the petitioner shall appear on each and every date

                     before the Trial Court and failure to do so for two consecutive

                     dates without plausible reason will entail cancellation of his

                     bail bond by the Trial Court itself;

                                  (iv) the petitioner shall appear before the concerned

                     police station every fortnight for six months to mark his

                     attendance and after the end of the period, the certificate shall be

                     submitted before the Trial Court failing which steps shall be

                     taken for the cancellation of the bail bonds;

                                  (v) the petitioner shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (vi) the petitioner shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of his bail bonds.



                                                    (Rajiv Roy, J)
Vinayak/Anjali

U      T


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