Patna High Court
Gorakh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, finding no prima facie possession of the illicit liquor.
Summary
The petitioner, Gorakh Paswan, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, with 31 litres of liquor seized. He contended that the liquor was recovered from a public bush near his house and not from his conscious possession, and that the seizure list lacked independent witnesses, relying only on a local watchman's statement. The Additional Public Prosecutor opposed the petition for anticipatory bail. The High Court, after considering the factual submissions, held that the recovery did not prima facie establish possession by the petitioner and therefore granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with the conditions of Section 438(2) CrPC and Section 482(2) of the BNSS, subject to surrender within four weeks.
Issues considered
- Whether the petitioner was in conscious possession of the seized illicit liquor for the purpose of granting anticipatory bail.
- Whether the seizure list and evidence were sufficient to sustain the charge under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether anticipatory bail can be granted under Section 438(2) of the CrPC in the present circumstances.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- seizure
- Section 30
- Bihar Prohibition and Excise Act
- CrPC 438
- BNSS 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42208 of 2026
Arising Out of PS. Case No.-186 Year-2026 Thana- PAHARPUR District- East Champaran
======================================================
Gorakh Paswan, Son of Byas Paswan, Resident of village - Kamal Pipra, P.S.-
Paharpur, District - East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 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 Paharpur P.S.
Case No.186 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 31 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
a bush near the house of the petitioner, which is an open
Patna High Court CR. MISC. No.42208 of 2026( 2) dt.01-07-2026
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place accessible to the general public and, therefore, it
cannot be said that the alleged recovery was made from the
conscious possession of the petitioner. It is further submitted
that seizure list also appears doubtful being not supported by
independent witnesses rather than by police personnel. It is
also pointed out that the name of the petitioner surfaced
solely on the disclosure made by a local Chaukidar. The
petitioner has one criminal antecedent of similar nature, in
which, 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 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 Exclusive Special Judge, Excise
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Court No.-1, East Champaran at Motihari in connection with
Paharpur P.S. Case No.186 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.)
Raushan/-
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