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Patna High Court

Sahadev Paswan @ Sahdeo Paswan @ Sahadeo PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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