Patna High Court
AJIT PASWAN @ AJITversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that ownership of the vehicle without proof of possession does not justify denial of anticipatory bail and therefore granted bail.
Summary
Ajit Paswan was named in an FIR for alleged illegal manufacture and trade of illicit liquor after 432 litres of IMFL were seized from a vehicle registered in his name. The petitioner argued that ownership of the vehicle alone did not prove his conscious possession or participation in the offence and that the seizure list lacked independent corroboration. The Additional Public Prosecutor opposed his request for anticipatory bail. The High Court observed that the mere fact of vehicle ownership, without material showing possession, was insufficient to deny bail. Consequently, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482(2) BNSS.
Issues considered
- Whether mere ownership of a vehicle from which illicit liquor is seized establishes sufficient grounds for arrest and denial of anticipatory bail.
- Whether the seizure list, lacking independent witness testimony, can be relied upon to implicate the petitioner.
- Whether anticipatory bail is appropriate under the circumstances of the case.
Legislation cited
- Bihar Narcotic and Substance (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2016 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- vehicle ownership
- section 30(a)
- CrPC 438
- BNSS 482
- seizure of illicit liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43502 of 2026
Arising Out of PS. Case No.-149 Year-2026 Thana- MAIRWAN District- Siwan
======================================================
AJIT PASWAN @ AJIT, Son of Nand Kishor, Resident of Ward No. 16,
Sarojini Nagar, Moti Pakar Kavilasha, Hata Kushinagar, P.S.- Hata, District -
Kushinagar (Uttar Pradesh).
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 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 Mairwa P.S. Case
No.149 of 2026 registered under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act, 2016.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 432 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
a Car bearing Registration No. UP16BE-2050. It is further
Patna High Court CR. MISC. No.43502 of 2026(2) dt.03-07-2026
2/3
submitted that the petitioner’s name has been surfaced in
the present case solely on the ground that he is the
registered owner of the seized vehicle, and not on the basis
of any material demonstrating his conscious possession,
involvement or complicity in the alleged offence. It is also
pointed out that seizure list appears doubtful being not
supported by independent witnesses rather than by police
personnel. The 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 fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
man of clean antecedent 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
sureties of the like amount each to the satisfaction of the
learned Exclusive Special Excise Court No.-1, Siwan in
Patna High Court CR. MISC. No.43502 of 2026(2) dt.03-07-2026
3/3
connection with Mairwa P.S. Case No.149 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.)
Raushan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.