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Patna High Court

Anil PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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