Patna High Court
Raju PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that anticipatory bail should be granted as the recovery was not made from the petitioner's possession and he possesses a clean antecedent.
Summary
The petitioner, Raju Paswan, was implicated in an alleged illegal liquor trade under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, based solely on a co-accused's confessional statement. The recovery of 220 litres of illicit liquor was made from a vehicle not owned by the petitioner, and he was not present at the scene nor in conscious possession of the liquor. The petitioner argued that he was not named in the FIR, had a clean antecedent, and that the evidence did not establish his involvement. The Additional Public Prosecutor opposed anticipatory bail, but the court noted the lack of direct possession and the petitioner's clean record. 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, and to surrender within four weeks.
Issues considered
- Whether anticipatory bail is warranted when the petitioner is not named in the FIR and is implicated only through a co-accused's confession.
- Whether the recovery of illicit liquor from a vehicle not owned by the petitioner constitutes sufficient ground for arrest.
- Whether the petitioner's clean antecedent and lack of conscious possession justify granting bail under Section 438 CrPC.
Legislation cited
- Bihar Negotiable Substances (or similar) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor trade
- Section 30 Bihar Prohibition and Excise Act
- clean antecedent
- confessional statement
- possession
- CrPC Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43018 of 2026
Arising Out of PS. Case No.-135 Year-2026 Thana- SHASTRINAGAR District- Patna
======================================================
Raju Paswan Son of Dharmnath Paswan Resident of Village- Rukunpura,
P.S.- Shastrinagar, District- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ashok Kumar Sinha, Advocate
For the Opposite Party : Mr. Kumar Ranjit Ranjan, 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 not named in the FIR
and apprehending his arrest in connection with Shastrinagar
P.S. Case No.135 of 2026 registered under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 220 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of illicit liquor was made
from a car bearing Registration No. BR01PS 6109, which
Patna High Court CR. MISC. No.43018 of 2026(2) dt.02-07-2026
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was involved in carrying illegal consignment of liquor. It is
also submitted that name of this petitioner arrayed solely on
the confessional statement made by co-accused, namely,
Anil Kumar. It is also submitted that petitioner is neither the
owner of the said vehicle nor he was present at 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, 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
learned Special Judge, Excise- 2nd , Patna, in connection with
Patna High Court CR. MISC. No.43018 of 2026(2) dt.02-07-2026
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Shastrinagar P.S. Case No.135 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/-
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