Patna High Court
Suresh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the petitioner’s ownership of the vehicle containing the illicit liquor established sufficient grounds for the offence.
Summary
The petitioner, Suresh Paswan, sought anticipatory bail after the police recovered 100 litres of illicit liquor from a vehicle registered in his name. The prosecution alleged offences under sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found in his personal possession and that he was implicated only on suspicion. The State opposed bail, emphasizing the large quantity of liquor seized from the petitioner’s vehicle. The Court, noting the petitioner’s ownership of the vehicle from which the contraband was recovered, declined to grant anticipatory bail, thereby refusing the petition.
Issues considered
- Whether anticipatory bail can be granted when the accused is the registered owner of a vehicle from which a large quantity of illicit liquor has been seized
- Whether mere ownership of the vehicle suffices to establish a prima facie case under the Bihar Prohibition and Excise Act
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41, 56(b)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40340 of 2026
Arising Out of PS. Case No.-2103 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Suresh Paswan S/o Brijnandan Paswan Resident of Village - Saichak Beur,
P.S. - Beur, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and
the State .
2. Petitioner apprehends arrest in a case registered for
the offences punishable under section 30(a), 41 and 56(b) of
Bihar Prohibition and Excise Act.
3 . As per prosecution case , 100 liters of illicit liquor
was recovered from the seized vehicle of which this petitioner
is registered owner.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
only on suspicion .
5 . Learned A.P.P. for the State opposed the prayer for
Patna High Court CR. MISC. No.40340 of 2026(2) dt.29-06-2026
2/2
bail of the petitioner and submitted that huge quantity of liquor
has been recovered from seized vehicle of which this petitioner
is registered owner.
6. Considering the fact that petitioner is owner of the
seized vehicle from which huge quantity of illicit liquor has
been recovered, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Koushik Sanjay-
U T
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