Patna High Court
Sahadev Paswan @ Sahdeo Paswan @ Sahadeo PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, subject to surrender within four weeks and the stipulated bail bond and surety conditions.
Summary
The petitioner, Sahadev Paswan, was named in an FIR for alleged illegal manufacture and trade of illicit liquor and possession of a pistol, under Sections 25(1‑b)a, 26, 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The prosecution alleged recovery of 225 litres of country‑made liquor and a pistol, but the petitioner contended that the seized items were not in his physical possession and that the accusation stemmed solely from a co‑accused’s disclosure. He was already on bail in two other criminal matters. The State opposed the petition for anticipatory bail. The Court, after noting the lack of prima facie evidence of possession, directed that the petitioner be released on anticipatory bail upon surrender within four weeks, furnishing a bail 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 order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under the Arms Act and the Bihar Prohibition and Excise Amendment Act.
- Whether the recovery of illicit liquor and a firearm can be said to be in the petitioner’s conscious physical possession.
- Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) BNSS are applicable.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
- Bhartiya Nagrik Suraksha Sanhita (BNSS) — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Arms Act
- illicit liquor
- Bihar Prohibition and Excise Amendment Act
- Criminal Procedure Code
- BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9654 of 2026
Arising Out of PS. Case No.-339 Year-2025 Thana- CHHAURADANO District- East
Champaran
======================================================
Sahadev Paswan @ Sahdeo Paswan @ Sahadeo Paswan, Son of Basudeo
Paswan, Resident of Village - Kudarkar, P.S. - Chhauradano, District- East
Champaran, Bihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Prasad, Advocate
For the Opposite Party/s : Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Learned counsel for the petitioner is permitted to
correct the name of petitioner in para-4 of the bail petition
during course of the day itself.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Chhauradano P.S.
Case No.339 of 2025 registered under Sections 25(1-b)a, 26,
35 of the Arms Act and 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 225 liters of IMFL/country-made liquor along with
one country-made pistol.
Patna High Court CR. MISC. No.9654 of 2026(2) dt.17-02-2026
2/3
4. It is submitted by learned counsel appearing for
petitioner that recovery of alleged illicit liquor or firearms was
not made from this petitioner and his name transpired on the
basis of disclosure made by apprehended co-accused person,
who was carrying illicit liquor and firearms. The petitioner
found involved in two more criminal cases, where 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 alleged illicit liquor and
firearm prima facie not appears to be made from conscious
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 No.-2, East
Champaran, Motihari in connection with Chhauradano P.S.
Patna High Court CR. MISC. No.9654 of 2026(2) dt.17-02-2026
3/3
Case No.339 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure (in
short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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