Patna High Court
RAJA PASWANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that anticipatory bail should be granted as there was no prima facie evidence of the petitioner's conscious possession of the illicit liquor.
Summary
The petitioner, Raja Paswan, was implicated in an excise case (PS No.219 of 2025) for alleged illegal manufacture and possession of 20,500 liters of illicit liquor, although his name does not appear in the FIR. He argued that the liquor was not recovered from his conscious possession; the motorcycle used in the recovery belonged to his brother, who had borrowed it. The Additional Public Prosecutor opposed the petition for anticipatory bail. The court examined the factual submissions and noted that there was no prima facie evidence of the petitioner’s direct possession of the liquor. Consequently, the court directed that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties, and conditioned on compliance with Section 438(2) of the CrPC and Section 482(2) of the Bihar Negotiable Instruments (BNSS) provisions. The bail order was to be implemented by the Special Judge‑I, Excise Court, Darbhanga.
Issues considered
- What is the applicability of anticipatory bail under Section 438 of the CrPC to the petitioner?
- Whether the petitioner can be said to be in conscious possession of the illicit liquor recovered?
- Whether the Special Judge‑I, Excise Court, has jurisdiction to grant bail under Section 482 of the CrPC/BNSS.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Criminal Procedure Code — s. 438(2), 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40205 of 2026
Arising Out of PS. Case No.-219 Year-2025 Thana- EXCISE BIRAUL District- Darbhanga
======================================================
Raja Paswan, Son of Harekrishn Paswan, Resident of village - Chaukia Itahar,
Ward No.- 2, P.S. - Kuseshwar Ashtan, District -Darbhanga
... ... Petitioner
Versus
The State of Bihar Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Praveen, Advocate
For the Opposite Party/s : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Biraul Excise
P.S. Case No.219 of 2025 registered under Sections 30(a)
of the Bihar Prohibition and Excise Act, 2016.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 20.500 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that recovery of alleged illicit liquor was not made
from conscious possession of this petitioner. It is submitted
that the name of petitioner transpired in this case being the
registered owner of the pulsar motorcycle of petitioner from
Patna High Court CR. MISC. No.40205 of 2026(2) dt.23-06-2026
2/2
where alleged recovery of illicit liquor was made, as the
brother of petitioner has taken motorcycle for some urgent
work. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from conscious 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 Thousand) with two sureties of the like amount
each to the satisfaction of the learned Special Judge-I,
(Excise Act), Darbhanga in connection with Biraul Excise P.S.
Case No.219 of 2025, 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/-
U T
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