Patna High Court
Saroj Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail is granted as the recovery of illicit liquor was not made from the petitioner's conscious possession and he was not named in the FIR.
Summary
The petitioner, Saroj Kumar Paswan, was implicated in a case of illegal liquor trade under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act after 1.2 litres of illicit liquor were recovered. He was not named in the FIR and argued that he was only the owner of the motorcycle used to transport the liquor, which he had handed over to Ravi Mandal, and that the liquor was not found in his conscious possession. The petitioner also asserted a clean antecedent. The Additional Public Prosecutor opposed the grant of anticipatory bail. The Court examined whether the facts established a prima facie case of possession linking the petitioner to the offence. Finding that the recovery was not made from the petitioner's conscious possession and that he was not named in the FIR, the Court directed that he be released on anticipatory bail 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 when the accused is not named in the FIR and no conscious possession of the illicit liquor is established
- Whether the recovery of illicit liquor prima facie links the petitioner to the offence under the Bihar Prohibition and Excise Act
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 37(c)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 BNSS
- possession
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40863 of 2026
Arising Out of PS. Case No.-234 Year-2021 Thana- ARARIA District- Araria
======================================================
Saroj Kumar Paswan S/O Late Ganga Prasad Paswan R/O Village- Bidi Dak
Bangla, Madanpur, Biri Yadav Tola Taruna Bhojpur, PS-Tarabari, Distt-Araria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
Appearance :
For the Petitioner : Mr.Gopal Kumar Jha, Advocate
For the Opposite Party : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner not is named in the FIR
and apprehending his arrest in connection with Araria P.S.
Case No.234 of 2021 registered under Sections 30(a) and
37(c) of 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 1.2 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
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the petitioner that the name of this petitioner arrayed solely
for the reason that he is the owner of the registered
motorcycle which was used for carrying liquor. It is also
submitted that this petitioner has given his motorcyle to one,
namely, Ravi Mandal who was apprehended from the spot. It
is also submitted that recovery of illicit liquor was not made
from conscious possession of this petitioner. 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 note of the 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 Exclusive Special Judge Excise- 1st
, Araria, in connection with Araria P.S. Case No.234 of
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2021, 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/-
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