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Patna High Court

Sonu PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court held that bail should be granted as the recovery of illicit liquor was not made from the accused’s conscious physical possession, exercising its inherent powers under Section 482(2) of the CrPC.

Summary

The petitioner, Sonu Paswan, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, with 30 litres of country-made liquor recovered from a hut. The petitioner’s counsel argued that the liquor was not recovered from his conscious physical possession and that he was already on bail in another criminal case. The State opposed the bail application, contending that the offence warranted continued detention. The Court examined the factual submission and noted the lack of direct possession, invoking its inherent powers under Section 482(2) of the Criminal Procedure Code. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions laid down by the lower Excise Court. The bail order was conditioned on the petitioner surrendering within four weeks and complying with the stipulated terms.

Issues considered

  • Whether bail should be granted when the seized illicit liquor is not in the conscious physical possession of the accused
  • Whether the High Court can exercise its inherent powers under Section 482(2) of the CrPC to grant bail in a case under the Bihar Prohibition and Excise Act

Legislation cited

Subjects

  • bail
  • illegal liquor
  • possession
  • Section 30
  • Bihar Prohibition and Excise Act
  • Section 482
  • High Court inherent powers

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44628 of 2026
                      Arising Out of PS. Case No.-299 Year-2026 Thana- BIRAUL District- Darbhanga
                 ======================================================
                 Sonu Paswan S/o Shambhu Paswan R/o Village - Lohani, P.S. Biraul, District
                 - Darbhanga

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Virendra Kumar
                 For the Opposite Party/s :       Mr.Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   06-07-2026                     Heard the parties

                                2.The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Biraul P.S. Case

                   No. 299 of 2026 registered for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act,

                   2018.

                                3. The allegation against the petitioner is to be

                   engaged in illegal trading/manufacturing of illicit liquor,

                   where, there is recovery of 30 litres of country made liquor.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that recovery of illicit liquor was made

                   from the hut, and admittedly the same is not recovered from
              Patna High Court CR. MISC. No.44628 of 2026(2) dt.06-07-2026
                                                          2/2




                        the conscious physical possession of the petitioner. While

                        concluding arguments, petitioner found involved in one more

                        criminal case where he is on bail.

                                     5 Learned APP, opposed the prayer of bail.

                                     6. In view of aforesaid factual submission and by

                        taking note of the fact that recovery of illicit liquor prima-facie

                        not been made from the conscious physical possession of the

                        petitioner, accordingly petitioner above-named, in the event

                        of his arrest or surrender before the court below within a

                        period of four weeks, is directed to be released on bail,

                        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 Spl. Judge II (Excise Act)

                        Darbhanga /concerned Court, where the case is pending in

                        connection with Biraul P.S. Case No. 299 of 2026, subject to

                        the conditions as laid down under Section 482(2) of BNSS.



                                                                (Chandra Shekhar Jha, J)
Sudha/-

U         T


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