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Patna High Court

Sunil Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the petitioner had no knowledge of the contraband and no incriminating material was found in his possession, despite prior antecedents.

Summary

The petitioner, Sunil Kumar Paswan, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 390.75 litres of foreign liquor in a Scorpio car. He contended that he was merely the driver, had no knowledge of the contraband, and that no incriminating material was found in his personal possession. The State opposed bail, citing two prior criminal antecedents and the alleged non‑compliance with Section 103 of the BNSS, 2023. The Court considered the lack of direct evidence against the petitioner, his limited role, and the length of his pre‑trial custody since 30‑10‑2025. Accordingly, the Court granted bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties after framing of charge.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
  • Whether the non‑compliance with Section 103 of the BNSS, 2023, precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor
  • criminal procedure
  • Section 30(a)
  • Section 103
  • antecedents
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1401 of 2026
                 Arising Out of PS. Case No.-230 Year-2025 Thana- MAGADH UNIVERSITY District- Gaya
                 ======================================================
                 Sunil Kumar Paswan S/o Govind Paswan R/o Village - Kahudag, P.S-
                 Barachatti, District - Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Brijmohan Das, Adv.
                 For the Opposite Party/s :      Mr. Md. Nazir Ansari, 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 Magadh

                   University PS Case No. 230 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 390.75 liters of

                   foreign liquor was recovered the scorpio car.

                           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 petitioner is the driver of the
           Patna High Court CR. MISC. No.1401 of 2026(2) dt.19-01-2026
                                                       2/2




                     vehicle in question and he has no knowledge regarding the

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

                     since 30.10.2025 and has got two criminal antecedents. 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, after

                     framing of charge, if not already framed, 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 Magadh University PS Case No. 230

                     of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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