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Patna High Court

Sudh Kumar Paswan @ Sudh PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the recovery of illicit liquor was not made from the petitioner's conscious possession.

Summary

The petitioner, Sudh Kumar Paswan, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged illegal manufacture and trade of illicit liquor, with 20 litres recovered. He contended that his name was included only because a motorcycle owned by him was used by his 14‑year‑old son, and that he had no physical possession of the liquor nor was present at the scene. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the factual submissions and noted that the liquor was not found in the petitioner's conscious 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 the petitioner is entitled to anticipatory bail when the seized illicit liquor is not in his conscious possession.
  • Whether ownership of a vehicle used by a minor implicates the owner in the alleged excise offence.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • Section 30(a)
  • CrPC 438
  • BNSS 482
  • vehicle ownership
  • minor involvement

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.41866 of 2026
                  Arising Out of PS. Case No.-95 Year-2026 Thana- EXCISE BIRAUL District- Darbhanga
                 ======================================================
                 Sudh Kumar Paswan @ Sudh Paswan S/O Sogarath Paswan R/O Village-
                 Lohani, PS- Biraul, Distt- Darbhanga

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr.Jyoti Kumari, Advocate
                 For the Opposite Party :        Mr.Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   30-06-2026                 Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Excise Biraul P.S.

                   Case No.95 of 2026 registered under Section 30(a) of Bihar

                   Prohibition and Excise Act, 2016(as amended).

                               3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 20 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that the name of petitioner arrayed solely for

                   the reason that the petitioner is the owner of motorcycle
Patna High Court CR. MISC. No.41866 of 2026(2) dt.30-06-2026
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          bearing Registration No. BR07BE 9852, which was used by

          his minor son, namely, Prince Paswan, aged about 14 years.

          It is further submitted that the petitioner is not in any way

          connected with the alleged seized liquor and also the

          petitioner was not present at the place of occurrence. It is

          also submitted that recovery of illicit liquor was not made

          from conscious possession of this petitioner. Explaining

          criminal antecedent, Petitioner found involved in one more

          case, where he is on bail.

                       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 Court of Exclusive Special Excise
            Patna High Court CR. MISC. No.41866 of 2026(2) dt.30-06-2026
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                      Court- 1, Darbhanga, in connection with Excise Biraul P.S.

                      Case No.95 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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