Patna High Court
Dharmveer Paswan @ Mithun PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS — s. 103
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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