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Patna High Court

Mantosh PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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/-
U       T


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