Patna High Court
Rupesh Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 each with two sureties.
Summary
The petitioners, Rupesh Kumar Paswan and Brajesh Paswan, were arrested in connection with Excise P.S. Case No.209 of 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, based on the seizure of 189 litres of Nepali country-made liquor from their motorcycles and 51 litres from a co‑accused. The petitioners contended that none of the seized liquor was in their possession and that the seizure was effected without compliance with Section 105 of the BNSS, which governs lawful seizure procedures. They further submitted that they have no prior criminal record and have been in judicial custody since 23 January 2026. The State opposed the bail application, arguing the seriousness of the offence. After hearing both sides, the Court found merit in the petitioners' arguments and decided to enlarge bail, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount. The order was made to the satisfaction of the Exclusive Special Excise Court No. 02, East Champaran.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the seizure of liquor complied with the procedural requirements of Section 105 of the BNSS.
- Whether the absence of prior criminal antecedents and the length of judicial custody justify bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- excise law
- seizure
- Section 30(a)
- Section 105
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19786 of 2026
Arising Out of PS. Case No.-209 Year-2026 Thana- Excise P.S. District- East Champaran
======================================================
1. Rupesh Kumar Paswan S/o- Suresh Paswan Resident of village- Govind
Bara P.S- Fenhara, District- East Champaran
2. Brajesh Paswan S/o- Yogi Paswan Resident of village- Govind Bara P.S-
Fenhara, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Excise P.S. Case No.209 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act.
3. The case of the prosecution, in short, is that from
the two bikes which the petitioners were riding on, altogether
189 liters of nepali country made liquor were recovered and
from the bike of another co-accused Md. Jawed, 51 liters of
nepali country made liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that nothing has been recovered from
Patna High Court CR. MISC. No.19786 of 2026(2) dt.25-03-2026
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the possession of these petitioners. Learned counsel for the
petitioners has further submitted that the witnesses of the
seizure list are police personnel and police has not complied
Section 105 of the BNSS while making seizure. It has further
been submitted that the petitioners are having no criminal
antecedent and they are in judicial custody since 23.01.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the court
of learned Exclusive Special Excise court no. 02, East
Champaran, Motihari in connection with Excise P.S. Case
No.209 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
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