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Patna High Court

Vikash Kumar Paswan @ Vikash PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, holding that the circumstances and statutory provisions warranted his release.

Summary

Vikash Kumar Paswan was arrested as a co‑passenger in a vehicle from which 666 litres of illicit country‑made liquor were seized, alleged to be offences under Sections 30(a) and 47 of the Bihar Prohibition & Excise Act. The petitioner claimed he was neither the driver nor the owner of the vehicle, had no involvement with the liquor, and possessed a clean antecedent, having been in custody since 12‑01‑2026. The State opposed bail, but the court considered the petitioner’s lack of direct participation, his clean record, and the length of custody. Relying on Section 480(3) of the BNSS, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions including presence in court and a close relative as a bailor. The bail bond may be cancelled if conditions are breached.

Issues considered

  • Whether the petitioner, a co‑passenger with no ownership or driver role, is entitled to bail under Section 480(3) of the BNSS in a case under the Bihar Prohibition & Excise Act.
  • Whether the petitioner’s clean antecedent and period of custody justify granting bail despite the alleged offences.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • co‑passenger
  • Bihar Prohibition & Excise Act
  • clean antecedent
  • Section 480(3) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10549 of 2026
                        Arising Out of PS. Case No.-29 Year-2026 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Vikash Kumar Paswan @ Vikash Paswan, Son of Bharat Paswan, Resident of
                 Village - Shivpur Sakra, P.S.- Andar, District - Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Ajay Kumar Tiwary, Advocate
                 For the Opposite Party/s :         Mr.Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Siwan Excise P.S. Case No. 29 of 2026

                   registered for the alleged offence under Sections 30 (a)/47 of the

                   Bihar Prohibition & Excise Act.

                                3. As per prosecution case, on secret information

                   about transportation of illicit liquor, the vehicle was signaled to

                   stop and two persons started to flee away from the vehicle and

                   one of them (this petitioner) was apprehended. From search of

                   the vehicle, recovery of total 666 liters of country made liquor

                   was made.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.10549 of 2026(2) dt.17-02-2026
                                            2/3




          case. The petitioner has no concern with the seized vehicle or

          the liquor. The petitioner is neither the driver nor the owner of

          the vehicle from which recovery has been shown. He is merely a

          co-passenger. The petitioner is in custody since 12.01.2026 and

          is having clean antecedent.

                       5. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner along with his clean

          antecedent, the petitioner above named is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand)

          with two sureties of the like amount each to the satisfaction of

          learned     Exclusive       Special      Judge,      Excise   Court   No.2,

          Siwan/court concerned in connection with Siwan Excise P.S.

          Case No. 29 of 2026, subject to the conditions mentioned in

          Section 480(3) of BNSS and the following conditions:

                       (i) One of the bailors will be a close relative of

                       the petitioner.

                       (ii) The petitioner will remain present on each

                       and every date fixed by the court below.

                       (iii) In case of absence on three consecutive
           Patna High Court CR. MISC. No.10549 of 2026(2) dt.17-02-2026
                                                       3/3




                                  dates or in violation of the terms of the bail, the

                                  bail bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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