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Patna High Court

Aaditya Kumar Paswan @ Adity KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS.

Summary

The petitioner, Aaditya Kumar 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, 2018, with 36 litres of liquor recovered from a motorcycle not owned by him. He contended that the seizure was made from the vehicle of a co‑accused, that he was not in physical possession of the liquor, and that he has a clean antecedent. The Additional Public Prosecutor opposed his application for anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's conscious possession. Consequently, the court directed that the petitioner be released on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged illegal liquor offence.
  • Whether the recovery of liquor from a vehicle not owned by the petitioner establishes sufficient grounds for denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • Section 30
  • Bihar Prohibition and Excise Act
  • clean antecedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.43425 of 2026
                        Arising Out of PS. Case No.-15 Year-2025 Thana- Basmatia District- Araria
                 ======================================================
                 Aaditya Kumar Paswan @ Adity Kumar S/o Subans Lal Paswan @ Chotu
                 Paswan R/o Village - Koskapur, Ward No 11, P.S - Birpur, District - Supaul

                                                                                       ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :          Mr. Vijay Kishore Bharti, Advocate
                 For the Opposite Party :          Mr. Kanhiya Kishor, 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 Basmatiya P.S.

                   Case No.15 of 2025 registered under Section 30(a) of Bihar

                   Prohibition and Excise Act, 2018.

                               3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 36 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 motorcycle bearing Registration No. BR0502
Patna High Court CR. MISC. No.43425 of 2026(2) dt.02-07-2026
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          4889, which was involved in carrying illegal consignment of

          liquor. It is also submitted that the name of petitioner

          arrayed solely on the disclosure of co-accused, namely, Jay

          Krishna Kumar Mehta, who was apprehended on the spot. It

          is further argued that petitioner is neither the owner of said

          motorcycle nor the petitioner was apprehended on spot. 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
            Patna High Court CR. MISC. No.43425 of 2026(2) dt.02-07-2026
                                                        3/3




                      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- I, Araria, in

                      connection with Basmatiya P.S. Case No.15 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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