Patna High Court
Mantosh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the recovery of liquor did not constitute conscious possession and the petitioners had a clean antecedent.
Summary
The petitioners, Mantosh Paswan and Ramdhani Paswan, were named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 12 litres of illicit liquor in a motorcycle. They contended that the liquor was recovered from the vehicle, not from their conscious possession, and that the only evidence linking them was the testimony of a local chowkidar, with no independent witnesses to the seizure. The Additional Public Prosecutor opposed their anticipatory bail, arguing the seriousness of the offence. The court examined the factual matrix, noting the lack of direct possession and the petitioners' clean antecedent, and applied the principles of anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the BNSS. Consequently, the court directed that the petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties each, subject to the conditions of anticipatory bail.
Issues considered
- Whether anticipatory bail under Section 438 CrPC can be granted in a case of alleged illegal liquor trade under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the recovery of illicit liquor from a vehicle establishes conscious possession of the accused.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43426 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- NATWAR District- Rohtas
======================================================
1. Mantosh Paswan Son of Nand Bihari Paswan Resident of Village- Mahrodh,
P.S.- Natwar, District - Rohtas.
2. Ramdhani Paswan @ Ramdhani Kumar Son of Satyendra Paswan @
Satyendra Ram Resident of Village- Mahrodh, P.S.- Natwar, District -
Rohtas.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Shashikant, Advocate
For the Opposite Party : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. Both accused/petitioners are named in the FIR
and apprehending their arrest in connection with Natwar P.S.
Case No.61 of 2026 registered under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Allegation against the petitioners is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 12 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing on
behalf of petitioners that the alleged illicit liquor was
Patna High Court CR. MISC. No.43426 of 2026(2) dt.03-07-2026
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recovered from the motorcycle, bearing Registration No.
BR44D 7779, which was involved in carrying illicit liquor. It
is also submitted that the name of these petitioners arrayed
solely on the disclosure made by the local chowkidar. It is
also submitted that petitioners were not present at the spot.
It is further submitted that petitioners are not in any way
connected with the alleged liquor and it can be safely said
that recovery of illicit liquor was not made from conscious
possession of these petitioners. It is argued that no
independent witness was associated with the search and
seizure list and the seizure witnesses were police personnel
themselves. Petitioners claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioners.
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 these
petitioners, who are man of clean antecedent, accordingly,
both petitioners, above-named, in the event of their arrest or
surrender in the court below within a period of four weeks
Patna High Court CR. MISC. No.43426 of 2026(2) dt.03-07-2026
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from today, are directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) each with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge Excise- II, Sasaram in
connection with Natwar P.S. Case No.61 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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