Patna High Court
Dilip Paswan @ Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the seizure did not amount to conscious possession and therefore granted anticipatory bail to the petitioner.
Summary
The petitioner, Dilip Paswan, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, with 20 litres of liquor seized from a cattle shed. He applied for anticipatory bail, arguing that the liquor was recovered from an open, public area and that there was no proof of his conscious possession, noting the seizure list lacked independent witnesses and relied only on a local watchman’s statement. The Additional Public Prosecutor opposed the bail, citing the petitioner’s prior similar charge for which he was on bail. The court examined the factual submissions and concluded that the seizure did not establish possession by the petitioner. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the seizure of illicit liquor establishes conscious possession of the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether anticipatory bail should be granted in view of the evidence and the petitioner’s prior criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Section 30(a)
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44717 of 2026
Arising Out of PS. Case No.-228 Year-2025 Thana- GOVINDGANJ District- East
Champaran
======================================================
Dilip Paswan @ Dilip Kumar, S/o Rajeshwar Paswan, Resident Of Village-
Jitwarpur, PS- Govindganj, Dist- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-07-2026 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 Govindganj P.S.
Case No.228 of 2025 registered under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 20 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 cattle shed, which is an open place accessible to the
Patna High Court CR. MISC. No.44717 of 2026(2) dt.06-07-2026
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general public and, therefore, it cannot be said that the
alleged recovery was made from the conscious possession of
the petitioner. It is further submitted that seizure list also
appears doubtful being not supported by independent
witnesses rather than by police personnel. It is also pointed
out that the name of the petitioner surfaced solely on the
disclosure made by a local Chaukidar. The petitioner has one
criminal antecedent of similar nature, in which, he is on bail.
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, 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 Additional Sessions Judge-cum-
Exclusive Special Excise Judge-I, Motihari, East Champaran
Patna High Court CR. MISC. No.44717 of 2026(2) dt.06-07-2026
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in connection with Govindganj P.S. Case No.228 of 2025,
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/-
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