Patna High Court
Bhola PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The High Court granted pre‑arrest bail to the petitioner, subject to a bail bond and sureties.
Summary
Bhola Paswan applied for pre‑arrest bail after being implicated in a case (Birpur P.S. Case No. 267 of 2025) for alleged possession of 17.7 litres of illicit liquor recovered from a bush near his house, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was seized from an open area accessible to anyone, that he had no involvement in its trade or consumption, and that he possessed a clean criminal record. The State opposed the bail, arguing the seriousness of the offence. The High Court, noting the open‑place recovery, the petitioner’s clean antecedent, and the State’s failure to enforce its liquor policy, directed that pre‑arrest bail be granted upon furnishing a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the BNSS. The Court also instructed the District Court to verify the petitioner’s antecedent, and the bail application was disposed of.
Issues considered
- Whether pre‑arrest bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of illicit liquor.
- Whether the circumstances of recovery (open bush) and the petitioner’s clean antecedent justify bail.
- Whether the State’s alleged failure to implement its liquor policy affects the bail decision.
Legislation cited
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- Section 482(2)
- high court bail order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8352 of 2026
Arising Out of PS. Case No.-267 Year-2025 Thana- BIRPUR District- Supaul
======================================================
Bhola Paswan, aged about 29 years, male, S/o Ram Prasad, R/o Village -
Ranipatti, Ward No. 1, P.S - Birpur, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Nafisu Zzoha, learned counsel
appearing on behalf of the petitioner and Mr. Md. Iftekhar
Mahmood, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Birpur P.S. Case No. 267 of 2025 registered for the offence
punishable under Section 30 (a) of the Bihar Prohibition and
Excise Act as amended up-to-date.
3. Allegation is of recovery of 17.7 litres of illicit
liquor from a bush near the house of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in the present case. Petitioner has no concern with the alleged
seized liquor nor he is involved in trade or consumption of illicit
liquor in any manner. The recovery was made from a bush near
Patna High Court CR. MISC. No.8352 of 2026(2) dt.17-02-2026
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the house of the petitioner, which is an open place and easily
accessible to anyone. Petitioner has clean antecedent. On these
grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that the recovery of 17.7 litres
of illicit liquor was made from a bush, which is an open place
and easily accessible to any one, petitioner has clean antecedent
and also the fact that the State has failed to implement its liquor
policy in its true spirit, the petitioner, above named, is directed
to be released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, 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 District Court where the
case is pending, in connection with Birpur P.S. Case No. 267 of
2025, subject to the condition as laid down under Section 482(2)
of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
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paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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