Patna High Court
Sunil PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
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
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(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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