Patna High Court
Sunil Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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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