Patna High Court
Kailash Paswan @ KailashversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, finding no prima facie evidence of conscious possession of the illicit liquor.
Summary
The petitioner, Kailash Paswan, was not named in the FIR but was implicated because illicit liquor was recovered from a Bajaj Discover motorcycle registered in his name, which he had lent to co-accused Rohit Kumar. He contended that he had no conscious possession of the liquor and that the recovery was not made from his direct control. The Additional Public Prosecutor opposed his application for anticipatory bail. The court examined the factual submissions and noted that, prima facie, the liquor was not in the petitioner's possession. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to a person not named in the FIR but alleged to be linked to the recovery of illicit liquor.
- Whether the recovery of liquor from the petitioner's vehicle constitutes conscious possession sufficient to deny bail.
Legislation cited
- Bihar Narcotic Substances (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- possession
- bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40239 of 2026
Arising Out of PS. Case No.-95 Year-2026 Thana- Excise P.S. District- Darbhanga
======================================================
Kailash Paswan @ Kailash, S/o Ram Sharan Paswan, R/o Village-Rasalpur
Nista, P.S.- Singhwara, District- Darbhanga.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Chitransh Raj, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, 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 Sadar Excise
P.S. Case No.95 of 2026 registered under Sections 30(a) of
the 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 16 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing
appearing for the petitioner that the recovery of alleged illicit
liquor was not made from conscious possession of this
petitioner. It is submitted that the petitioner was implicated
Patna High Court CR. MISC. No.40239 of 2026(2) dt.23-06-2026
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with present case being the registered owner of the Bajaj
Discover motorcycle from where alleged recovery of illicit
liquor was made. It is submitted that the petitioner has
provided his motorcycle to co-accused Rohit Kumar in good
faith. It is submitted that co-accused Rohit Kumar got
apprehended by the police with the bike of petitioner
carrying illicit liquor. 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 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-1st (Excise Act),
Darbhanga in connection with Sadar Excise P.S. Case No.95
Patna High Court CR. MISC. No.40239 of 2026(2) dt.23-06-2026
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of 2026, 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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