Patna High Court
Dhiraj Paswan @ Dhiraj Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners, finding insufficient linkage between them and the seized liquor.
Summary
Petitioners Dhiraj Paswan and Amra Devi were implicated in a case under Section 30(a) of the Bihar Prohibition & Excise Act for allegedly manufacturing country-made liquor in a thatched hut. The police, acting on a secret tip, seized 10 litres of liquor from the hut, but the petitioners claim they neither owned nor possessed the premises or the liquor. They argue that their names were identified solely by a local chowkidar and that there is no material linking them to the contraband. The court examined the seizure list, noting the absence of any indication that the hut belonged to the petitioners, and considered the petitioners' lack of prior criminal records (except one antecedent for petitioner 1). Accordingly, the judge granted anticipatory bail, directing that if arrested they be released on bail with specified sureties, subject to conditions under Section 482(2) of the CrPC. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted when the seized liquor is not recovered from the petitioners' premises or possession.
- Whether the identification of the petitioners by a chowkidar suffices to justify their arrest under the Bihar Prohibition & Excise Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition & Excise Act
- illegal liquor
- seizure
- false implication
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8034 of 2026
Arising Out of PS. Case No.-554 Year-2025 Thana- BABUBARHI District- Madhubani
======================================================
1. Dhiraj Paswan @ Dhiraj Kumar Paswan Son of Late Chhotelal Paswan @
Late Mungalal Paswan Resident of Village- Bardahi, PO.S.- Babubarhi,
Dist.- Madhubani, Bihar
2. Amra Devi @ Amala Devi Wife of Late Chhotelal Paswan @ Late Mungalal
Paswan Resident of Village- Bardahi, PO.S.- Babubarhi, Dist.- Madhubani,
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail, arises
out of Babubarhi Police Station Case No. 554 of 2025,
disclosing offence under Section 30(a) of Bihar Prohibition &
Excise Act.
3. As per the FIR, on 03.12.2025, while on patrolling
duty, the police received secret information that country-made
liquor was being manufactured in a thatch and asbestos hut
situated to the west of the Anganwadi Centre in village Bardahi.
On the said information, the police reached the spot. On seeing
the police party, some persons fled away from the place of
Patna High Court CR. MISC. No.8034 of 2026(2) dt.17-02-2026
2/3
occurrence and were allegedly identified by the Mahal
Chowkidar as the petitioners and others. Upon search of the hut,
10 litres of country-made liquor was recovered.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
present case. Their names have surfaced only on the basis of the
disclosure made by the Mahal Chowkidar. It is further submitted
that liquor has not been recovered from the conscious
possession or from any premises belonging to the petitioners.
From perusal of the seizure list, it does not appear that the
thatched hut covered with asbestos sheets, from where the
alleged recovery was made, belongs to or is owned by the
petitioners. It is also submitted that petitioner no. 1 has one
criminal antecedent, whereas petitioner no. 2, aged about 71
years, has no criminal antecedent.
5. Regards being had to the submissions made on
behalf of the parties and taking into consideration the fact that
the seizure list does not indicate that the alleged recovery was
made from the house or hut belonging to the petitioners I am
inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
Patna High Court CR. MISC. No.8034 of 2026(2) dt.17-02-2026
3/3
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge Excise Act, Madhubani, in connection with Babubarhi
Police Station Case No. 554 of 2025, subject to the condition
laid down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
Siwani/-
U T
Checking your session…