Patna High Court

Shashi PaswanversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to monetary bond, sureties and conditions of appearance.

Summary

The Patna High Court considered the bail application of Shashi Paswan, who was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 448.28 litres of foreign liquor were seized from his vehicle. The petitioner argued that he was merely the registered owner of the vehicle, had no knowledge of the liquor, and that no incriminating material was found in his personal possession. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedent. The Court noted that Section 103 of the BNSS, 2023 had not been complied with but held that this alone did not preclude bail. Considering the facts, the period of custody, and the lack of direct evidence against the petitioner, the Court granted bail subject to a cash bond and sureties, and imposed conditions regarding appearance in court.

Issues considered

Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether non‑compliance with Section 103 of the BNSS, 2023 bars the grant of bail.
Whether the petitioner’s prior criminal antecedent and period of custody justify denial of bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition and excise
foreign liquor
Section 30(a)
Section 103
criminal antecedent
vehicle ownership
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1968 of 2026
                        Arising Out of PS. Case No.-421 Year-2025 Thana- KOTWALI District- Patna
                 ======================================================
                 Shashi Paswan Son of Sri Ram Pravesh Paswan R/o Rawaich, Dagarpar,
                 Ward No. 05, P.S. - Bhaktiyarpur, District - Patna.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Renu Kumari, Adv.
                 For the Opposite Party/s :        Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Kotwali PS

                   Case No. 421 of 2025 instituted for the offences under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 448.28 liters of

                   foreign liquor was recovered from the auto.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner submits that the name of the petitioner transpired

                   as owner of the vehicle in question and he has no knowledge
           Patna High Court CR. MISC. No.1968 of 2026(2) dt.19-01-2026
                                                       2/2




                     regarding the nature of goods kept in the vehicle. The petitioner is

                     in custody since 28.11.2025 and has got one criminal antecedent.

                     There is no compliance of Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. for the State has vehemently opposed the

                     prayer for grant of bail to the petitioner.

                             6. Considering the aforesaid facts and circumstances of the

                     case and the period of custody undergone by the petitioner, this

                     Court is inclined to grant bail to the petitioner.

                             7. Let the petitioner be released on bail on furnishing bail

                     bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Kotwali PS Case No. 421 of 2025,

                     subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date fixed

                     at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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