Patna High Court
Sonu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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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