Patna High Court
Amod Paswan @ Amod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the recovery of illicit liquor prima facie did not arise from the petitioners' physical possession.
Summary
The petitioners, Amod Paswan and Sitaram Paswan, were implicated in a case (Mahua PS Case No. 136/2026) for alleged illegal manufacturing and trading of illicit liquor, with 6.75 litres of IMFL seized. They contended that the liquor was recovered from a hut jointly occupied by family members and that they did not have conscious physical possession, also questioning the reliability of the seizure list. The State opposed their bail application. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioners' direct possession. Consequently, the court directed that the petitioners be released on bail, subject to a bond of Rs.10,000 with two sureties each, under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order was conditioned on their surrender within four weeks to the trial court.
Issues considered
- Whether bail can be granted to the accused under Section 438 of the Cr.P.C. and Section 482 of the BNSS when the seized illicit liquor is not shown to be in their conscious physical possession.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illegal liquor
- physical possession
- Section 438 CrPC
- Section 482 BNSS
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45716 of 2026
Arising Out of PS. Case No.-136 Year-2026 Thana- MAHUA District- Vaishali
======================================================
1. Amod Paswan @ Amod Kumar Son of Sitaram Paswan R/O- Milki
Chaksiya/ Chaksya, Harpur Belwa/ Belk, Police Station - Mahua, District -
Vaishali.
2. Sitaram Paswan @ Sita Ram Paswan Son of Jagat Paswan R/O- Milki
Chaksiya/ Chaksya, Harpur Belwa/ Belk, Police Station - Mahua, District -
Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Mr.Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 Heard the parties.
2. The accused/petitioners are named in the F.I.R.
and apprehending their arrest in connection with Mahua P.S.
Case No. 136/2026 registered for the offences punishable under
Section 30 (a) of the Bihar Prohibition and Excise Act and
Sections 274 and 275 of the BNS.
3. The allegation against the petitioners is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 6.75 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioners submitted that recovery of illicit liquor was made from
the hut, which was jointly occupied by different adult family
members. It is submitted that recovery was not made from
conscious physical possession of these petitioners, who claimed
Patna High Court CR. MISC. No.45716 of 2026(2) dt.10-07-2026
2/2
clean antecedent. It is also submitted that seizure list appears
doubtful being not supported by independent witnesses rather by
police personnel.
5. Learned APP, opposes the prayer for bail.
6. In view of aforesaid factual submission and by
taking note of fact as recovery of illicit liquor prima-facie not
appears to be made from the physical possession of these
petitioners, accordingly both-above named petitioners, in the
event of their arrest or surrender before the learned trial court
within a period of four weeks, are directed to be released on bail,
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Prohibition and Excise Court III cum
District and Additional Sessions Judge, Hajipur,
Vaishali/concerned trial court where the case is pending in
connection with Mahua P.S. Case No. 136/2026 subject to the
conditions as laid down under Section 438(2) of the Cr.P.C./
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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