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Patna High Court

Amit Paswan @ Amit Kumar PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, directing release on a bail bond with conditions.

Summary

The petitioner, Amit Paswan, sought regular bail in a case under section 30(a) of the Bihar Prohibition and Excise Act after 42 litres of illicit liquor were allegedly recovered from his house. He contended that he had no conscious possession of the liquor, that the police failed to follow Section 105 of the BNSS while preparing the seizure list, and that he was falsely implicated. The State opposed bail, highlighting three prior criminal cases against the petitioner. After hearing both sides, the court considered the procedural lapse and the petitioner’s claim of innocence, and decided to grant bail. He was released on a bail bond of Rs.10,000 with two sureties, subject to a condition that he not commit similar offences in the future.

Issues considered

  • Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act despite the recovery of illicit liquor from his premises.
  • Whether the alleged non‑compliance with Section 105 of the BNSS in the seizure process affects the bail application.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • seizure procedure
  • criminal antecedent
  • Section 105 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16941 of 2026
                       Arising Out of PS. Case No.-6 Year-2026 Thana- CHANAN District- Lakhisarai
                 ======================================================
                 Amit Paswan @ Amit Kumar Paswan S/O Om Prakash Paswan Village-
                 Titaychak, P.S.-Chanan, District-Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md. Shadab Alam Wazdi, Advocate
                                                   Mr. Brajesh Sahay, Advocate
                                                   Ms. Harshita, Advocate
                                                   Ms. Amrita Kumari, Advocate
                 For the Opposite Party/s :        Mr. Braj Kishore Pd.(App), APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   16-03-2026                    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 the house

                   of this petitioner, altogether 42 liters of illicit liquor was

                   recovered.

                                 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
            Patna High Court CR. MISC. No.16941 of 2026(2) dt.16-03-2026
                                                        2/2




                      has been falsely implicated in this case. He has no concern with

                      the alleged recovery. The witness of the seizure list is police

                      personnel and police has not followed Section 105 of BNSS

                      while preparing seizure. Moreover, he is languishing in judicial

                      custody since 13.01.2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail and submitted

                      that petitioner is having criminal antecedent of three cases.

                                   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

                      Chanan P.S. Case No. 06 of 2026 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- Special Excise Judge-I, Lakhisarai

                      with a condition that the petitioner will not indulge in

                      similar nature of offences in future.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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