Patna High Court
Bir Bahadur PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the mere recovery of illicit liquor from a joint family house does not prima facie establish the petitioner's exclusive possession, warranting the grant of anticipatory bail.
Summary
The petitioner, Bir Bahadur Paswan, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged illegal manufacture and trade of illicit liquor, with 22.6 litres recovered from his residence. The petitioner contended that the seized liquor was located in a joint family house and not in his exclusive possession, and that the seizure was based solely on the testimony of a local chowkidar without independent corroboration. The Additional Public Prosecutor opposed the petitioner's request for anticipatory bail. The court examined the factual submissions and noted that the recovery did not prima facie establish the petitioner's physical possession of the liquor. 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. The order was made pending the petitioner's surrender or arrest within four weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the seizure of illicit liquor from his residence.
- Whether the recovery of liquor establishes the petitioner's exclusive possession and culpability under the Bihar Prohibition and Excise (Amendment) Act, 2018.
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition Act
- CrPC Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44796 of 2026
Arising Out of PS. Case No.-134 Year-2026 Thana- SAHPUR District- Bhojpur
======================================================
Bir Bahadur Paswan S/O Mohan Paswan Resident of Village- Ranisagar,
ward no.3 , P.S.- shahpur, District -Bhojpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Malti Kumari, Advocate
For the Opposite Party : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 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 Shahpur P.S.
Case No.134 of 2026 registered under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 22.6 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
made from the house of petitioner which is a joint family
Patna High Court CR. MISC. No.44796 of 2026(2) dt.07-07-2026
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property and the same is not in the exclusive possession of
this petitioner. It is also submitted that name of petitioner
arrayed solely on the disclosure made by the local
chowkidar. It is also submitted that recovery of illicit liquor
was not made from conscious possession of this petitioner. It
is further submitted that the seizure list also appears
doubtful being not supported by independent witnesses
rather than by police personnel. 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 the 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 Court of Exclusive Special Excise
Patna High Court CR. MISC. No.44796 of 2026(2) dt.07-07-2026
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Judge-2, Bhojpur, Ara, in connection with Shahpur P.S. Case
No.134 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/-
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