Patna High Court
Raju PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the recovery did not prima facie establish the petitioner's possession of the illicit liquor.
Summary
Raju 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 Act, with six litres of liquor recovered from his house, which is a joint family property. The petitioner argued that the liquor was not in his conscious possession, that the seizure list lacked independent witnesses, and that he has a clean antecedent. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined whether the recovery amounted to a prima facie case of possession and considered the petitioner’s clean record. Concluding that the recovery did not demonstrate his personal possession, the court granted anticipatory bail, directing him to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with 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 despite the recovery of illicit liquor from his residence.
- Whether the recovery of liquor constitutes sufficient evidence of the petitioner's possession under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- joint family property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43011 of 2026
Arising Out of PS. Case No.-205 Year-2026 Thana- VAISHALI District- Vaishali
======================================================
Raju Paswan Son of Santu Paswan Resident of village - Ward no. 11, urfaul,
Ufraul, Upraul, Dharampur Dharma, Chakmaruf, Ps- Vaishali (Belsar OP)
Dist- Vaishali, Bihar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Hemant Ray, Advocate
For the Opposite Party : Mr. Anil Kumar Singh No.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2026 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 Vaishali (Belsar
O.P.) P.S. Case No.205 of 2026 registered under Section
30(a) 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 6 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
made from the house of petitioner. It is also submitted that
Patna High Court CR. MISC. No.43011 of 2026(2) dt.02-07-2026
2/3
the name of petitioner arrayed solely on the basis of
suspicion as the said house is a joint family property of
petitioner. Is is further argued that petitioner is not in any
way connected with the alleged liquor. It is also submitted
that recovery of illicit liquor was not made from conscious
possession of this petitioner. It is also submitted that the
seizure list also appears doubtful being not supported by
independent witnesses rather than by police personnel.
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, who is a man of clean antecedent, 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
Patna High Court CR. MISC. No.43011 of 2026(2) dt.02-07-2026
3/3
learned Exclusive Special Excise Court II, Vaishali at Hajipur,
in connection with Vaishali (Belsar O.P.) P.S. Case No.205 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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.