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Patna High Court

Golu Paswan @ Karan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the recovery did not prima facie establish the petitioner's possession of the illicit liquor.

Summary

The petitioner, Golu 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, 2022, with 10 litres of liquor recovered. He argued that the liquor was found in an open field, not in his conscious possession, and that the seizure list lacked independent witnesses. The Additional Public Prosecutor opposed anticipatory bail. The court examined the factual submissions and noted that the recovery did not prima facie establish possession by the petitioner. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a 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 bail order was conditioned on surrender within four weeks and compliance with the Special Excise Court.

Issues considered

  • Whether anticipatory bail under Section 438 of the CrPC can be granted when the alleged contraband was recovered from an open field and not in the petitioner's conscious possession.
  • Whether the seizure list lacking independent witnesses affects the validity of the charge under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • possession
  • Section 30
  • Bihar Prohibition Act
  • CrPC Section 438
  • BNSS Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44855 of 2026
                        Arising Out of PS. Case No.-54 Year-2026 Thana- BHADAUR District- Patna
                 ======================================================
                 Golu Paswan @ Karan Kumar, S/o Late Dinesh Paswan, R/o Village -
                 Dhobichak, P.S. - Bhadaur, Dist. - Patna.

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheo Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-07-2026                        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 Bhadaur P.S.

                   Case No.54 of 2026 registered under Section 30(a) of the

                   Bihar Prohibition and Excise Amendment Act, 2022.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 10 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 field, which is an open place accessible to the general
Patna High Court CR. MISC. No.44855 of 2026(2) dt.08-07-2026
                                            2/3




          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 on the

          disclosure made by a local Chaukidar. The petitioner has one

          criminal antecedent, 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 Exclusive Special Excise Court,

          Barh, Patna in connection with Bhadaur P.S. Case No.54 of
            Patna High Court CR. MISC. No.44855 of 2026(2) dt.08-07-2026
                                                        3/3




                      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


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