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Patna High Court

Dharmveer Paswan @ Mithun PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, finding that the absence of conscious possession and procedural non‑compliance warranted release on bond.

Summary

The petitioner, Dharmveer Paswan, was arrested on 26‑12‑2025 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022 for alleged possession of 16.8 litres of country‑made liquor seized from a house that is a joint family property. The petitioner contended that no liquor was found in his conscious possession and that the seizure was from the house, not from him personally, and also raised non‑compliance of Section 103 of the BNSS, 2023. The State opposed bail, noting that the petitioner has seven other pending cases, though he is on bail in those matters. The Court, after considering the lack of direct possession and procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the District & Additional Sessions Judge‑V‑cum‑Special Judge Excise, Nalanda.

Issues considered

  • What is the applicability of Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022 to the petitioner given that the seized liquor was not in his conscious possession?
  • Does the non‑compliance of Section 103 of the BNSS, 2023 justify granting bail?
  • Should the petitioner’s other pending criminal cases affect the grant of bail in the present matter?

Legislation cited

Subjects

  • bail
  • Bihar Prohibition & Excise Amendment Act
  • Section 30(a)
  • BNSS Section 103
  • joint family property
  • seizure of liquor
  • conscious possession
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18512 of 2026
                        Arising Out of PS. Case No.-697 Year-2025 Thana- BIHAR District- Nalanda
                 ======================================================
                 Dharmveer Paswan @ Mithun Paswan S/O Ramugar Paswan R/O Village-
                 Khandakpar, P.S- Bihar, District- Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pramod Kumar Sinha, Advocate
                 For the State            :        Mrs. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-03-2026                    Heard Mr. Pramod Kumar Sinha, learned counsel for

                   the petitioner and Mrs. Meena Singh, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   26.12.2025, in connection with Bihar P.S. Case No. 697 of

                   2025, F.I.R. dated 25.12.2025                 registered for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition &

                   Excise Amendment Act, 2022.

                                 3. Recovery is of 16.8 litres of country made liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing incriminating article has been

                   recovered from the conscious possession of the petitioner rather

                   recovery has been made from the house in question and the
Patna High Court CR. MISC. No.18512 of 2026(2) dt.24-03-2026
                                            2/3




          petitioner is not the absolute owner of the house in question and

          the house in question is a joint family property of the petitioner

          and altogether 16.8 lires of country made liquor was recovered

          from the house of the petitioner. He further submits that there is

          non-compliance of Sections 103 of BNSS, 2023 and the

          petitioner is in custody since 26.12.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for                    bail of the

          petitioner and submits that the petitioner carries seven more

          cases other than the present one but fairly submits on the basis

          of paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matters.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and there is non-compliance of

          Sections 103 of the BNSS, 2023, let the petitioner, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of                   learned   District &

          Additional       Sessions      Judge-V-cum-Special        Judge    Excise,

          Nalanda at Biharsharif in connection with Bihar P.S. Case No.

          697 of 2025, subject to the following conditions :-
               Patna High Court CR. MISC. No.18512 of 2026(2) dt.24-03-2026
                                                           3/3




                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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