Patna High Court
Aaditya Kumar Paswan @ Adity KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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
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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/-
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