Patna High Court
BHARAT 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 of illicit liquor was not prima facie made from the petitioner's possession.
Summary
The petitioner, Bharat 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, 2016, after 160 litres of liquor were recovered from a three‑wheel vehicle registered in his name. Paswan contended that the vehicle was hired by another person, that the recovery was not made from his conscious possession, and that the allegation rested solely on a villager’s disclosure without independent witnesses. The State opposed his application for anticipatory bail. The Court observed that, on the material before it, the recovery did not appear to be made from the petitioner's physical possession and that he had a clean antecedent. Accordingly, the Court directed that he be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties of equal amount, subject to the conditions of Section 438(2) CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail is warranted when the alleged contraband is not shown to be in the petitioner's conscious possession.
- Whether ownership of a vehicle used for transport of illicit liquor suffices to attract liability under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Applicability of Section 438(2) CrPC and Section 482(2) BNSS in granting anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- possession
- Section 30
- CrPC Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43055 of 2026
Arising Out of PS. Case No.-62 Year-2025 Thana- EXCISE SIMRAHI District- Supaul
======================================================
BHARAT PASWAN S/O RAM PRASAD PASWAN R/O Vill.- Ranipatti
Ward No 1, P.o- Banailipatti, P.s.- Birpur, District- Supaul
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Nafisu Zzoha, Advocate
For the Opposite Party : Mr. Abhay Kumar, 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 Excise Simrahi
P.S. Case No.62 of 2025 registered under Section 30(a) of
Bihar Prohibition and Excise Act, 2016.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 160 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 a three wheeler vehicle bearing Registration No.
Patna High Court CR. MISC. No.43055 of 2026(2) dt.02-07-2026
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BR11PC 9509, and the petitioner is the registered owner of
the said vehicle. It is also submitted that name of petitioner
arrayed solely on the disclosure made by the local villager.
It is further submitted that the said vehicle was hired by
someone for carrying the sack. It is also submitted that
recovery of illicit liquor was not made from conscious
possession of this petitioner. It is further argued 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
Patna High Court CR. MISC. No.43055 of 2026(2) dt.02-07-2026
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sureties of the like amount each to the satisfaction of the
learned Exclusive Special Judge, Excise Court No.2, Supaul,
in connection with Excise Simrahi P.S. Case No.62 of 2025,
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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