Patna High Court
Suman PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Suman Paswan, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 100 litres of country-made liquor recovered from a public area. The petitioner claimed innocence, arguing that no incriminating material was found in his possession and that the liquor was recovered from an open place accessible to all. The State opposed bail, citing the petitioner’s two prior criminal antecedents and alleged non‑compliance with Section 103 of the BNSS, 2023. The Court considered the facts, the period of custody since 27‑11‑2025, and the lack of direct evidence against the petitioner. It decided to grant bail, imposing a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and conditioning release on regular appearance in court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the custody period, prior criminal antecedents, and compliance with Section 103 of the BNSS, 2023.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Bihar
- antecedents
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1405 of 2026
Arising Out of PS. Case No.-333 Year-2025 Thana- TILAUTHU District- Rohtas
======================================================
Suman Paswan Son of Shailesh Paswan Resident of Village - Utrapatti
Tilauthu, Police Station - Tilauthu, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uttam Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Manoj Kumar, 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 Tilauthu PS
Case No. 333 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 100 liters of
country made liquor was recovered from the plastic sack hidden in
the bush.
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 recovery has been made from
an open place which is accessible to one and all and petitioner
Patna High Court CR. MISC. No.1405 of 2026(2) dt.19-01-2026
2/2
was only the passerby of the way and has become victim of the
circumstances. The petitioner is in custody since 27.11.2025 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 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 Tilauthu PS Case No. 333 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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.