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Patna High Court

Dhiraj Paswan @ Dhiraj Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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