Patna High Court
Vikash Kumar Paswan @ Vikash PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- BNSS — s. 480(3)
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
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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
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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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