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Patna High Court

BHARAT PASWANversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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/-
U       T


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