Patna High Court

Bipin Paswan @ Vipin PaswanversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court held that the illicit liquor was not recovered from the petitioner's conscious physical possession and therefore granted bail.

Summary

The petitioner, Bipin Paswan, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor, with 441.3 litres recovered from a motorcycle. He contended that the liquor was not in his conscious physical possession and that the seizure list lacked independent witness support. The State opposed his bail application. The court examined whether the seizure was linked to the petitioner’s possession and considered the applicability of bail provisions for the offences under the Bihar Prohibition and Excise Act and the IPC. Concluding that the recovery was not from the petitioner’s conscious possession, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

Whether the petitioner was in conscious physical possession of the illicit liquor at the time of seizure.
Whether bail can be granted under Section 438 Cr.P.C. for offences under the Bihar Prohibition and Excise Act and IPC sections 272, 273, 120‑B.
Whether the seizure list, lacking independent witnesses, is sufficient to sustain the charge.

Legislation cited

Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 120-B, 272, 273

Subjects

bail
illegal liquor
possession
seizure
Bihar Prohibition and Excise Act
IPC
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9910 of 2026
                      Arising Out of PS. Case No.-59 Year-2020 Thana- BRAHMPUR District- Buxar
                 ======================================================
                 Bipin Paswan @ Vipin Paswan Son of Vijay Paswan R/O - Vishweshar Dera,
                 P.S. - Chaki, Dist - Buxar.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shashank Shekhar
                 For the Opposite Party/s :      Mr.Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-02-2026                    Heard the parties.

                                   2. The accused/petitioner is named in the

                   F.I.R. and apprehending his arrest in connection with

                   Brahmpur P.S. Case No.59 of 2020 registered for the

                   offences punishable under Section 30 (a) of the Bihar

                   Prohibition and Excise Act and Sections 272, 273 and

                   120-(B) of the IPC.

                                   3. The allegation against the petitioner is to

                   be engage in illegal trading/manufacturing of illicit

                   liquor, where, there is recovery of 441.3 litres of

                   IMFL/country made liquor.

                                   4. Learned counsel appearing on behalf of

                   the petitioner submitted that recovery of illicit liquor

                   was made from the motorcycle. It is further submitted

                   that motorcycle in issue is not connected in any
               Patna High Court CR. MISC. No.9910 of 2026(2) dt.17-02-2026
                                                           2/3




                         manner with petitioner. It is submitted that recovery is

                         not made from conscious physical possession of the

                         petitioner, who is a man of clean antecedent. It is also

                         submitted that seizure list appears doubtful being not

                         supported by independent witnesses rather by police

                         personnels.

                                         5. Learned APP, opposes the prayer for bail.

                                         6. In view of the facts and circumstances as

                         mentioned above as recovery of illicit liquor not

                         appears to be made from the conscious physical

                         possession of this petitioner, accordingly the petitioner

                         above named, in the event of his arrest or surrender

                         before the learned trial court within a period of four

                         weeks, is directed to be released on bail, furnishing

                         bail bond of Rs.10,000/- (Rupees Ten Thousand) each

                         with two sureties of the like amount each to the

                         satisfaction of the learned Exclusive Special Excise

                         Judge-2, Buxar/concerned trial court where the case is

                         pending in connection with Brahmpur P.S. Case No. 59

                         of 2020 subject to the conditions as laid down under

                         Section 438(2) of the Cr.P.C./ Section 482(2) of the

                         BNSS.


                                                           (Chandra Shekhar Jha, J.)
S.Tripathi/-
        Patna High Court CR. MISC. No.9910 of 2026(2) dt.17-02-2026
                                                    3/3




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