Patna High Court
Anil PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Anil Paswan, the driver of a vehicle from which 279 litres of country-made liquor was seized, was charged under section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no conscious possession of the liquor, was falsely implicated, and that the police failed to comply with Section 105 of the BNSS while preparing the seizure. The petitioner had been in judicial custody since 15‑12‑2025 and sought regular bail. The State opposed the bail application. After hearing both sides, the Patna High Court found merit in the petitioner's claims and ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the District and Additional Sessions Judge‑IV‑cum‑Exclusive Special Judge Excise Court‑II, Gopalganj.
Issues considered
- Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act despite the alleged procedural lapse in seizure.
- Whether the lack of conscious possession and non‑compliance of Section 105 of the BNSS justify granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor
- section 30(a)
- procedural lapse
- Section 105
- conscious possession
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16423 of 2026
Arising Out of PS. Case No.-332 Year-2025 Thana- GOPALPUR District- Gopalganj
======================================================
Anil Paswan S/o- Late Vim Manjhi @ Bhim Manjhi Resident of Village-
Pipra Khas PS-Mirganj, Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Kumar, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a car,
altogether 279 liters country made liquor was recovered. The
petitioner is said to the be the driver of the said vehicle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the conscious possession of the petitioner. He
has been falsely implicated in this case. He has no knowledge
regarding the alleged recovery. The witnesses of the seizure list
Patna High Court CR. MISC. No.16423 of 2026(2) dt.13-03-2026
2/2
are police personnel and police has not complied Section 105 of
BNSS while preparing seizure. Moreover, he is languishing in
judicial custody since 15.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Gopalpur P.S. Case No. 332 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District and Additional
Sessions Judge-IV-cum-Exclusive Special Judge Excise Court-
II, Gopalganj.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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