Patna High Court
Amit Paswan @ Amit Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNSS — s. 105
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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