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Patna High Court

Kashmir PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner subject to a bond and sureties.

Summary

The petitioner, a driver of a Tata pickup van, was arrested for alleged possession of 423 litres of illicit foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that no liquor was found in his possession, that the seizure was irregular because the police did not comply with Section 105 of the BNSS, and that he was falsely implicated. The State opposed bail, citing a prior similar offence. After hearing both sides, the Court found merit in the petitioner's arguments and ordered his release on bail, subject to a bond of Rs.10,000 and two sureties, to be approved by the Special Judge of the Excise Court‑II, Aurangabad. The petitioner had been in judicial custody since 1 February 2026.

Issues considered

  • Whether bail should be granted to the petitioner under the circumstances.
  • Whether the seizure of the liquor complied with Section 105 of the BNSS.
  • Whether the petitioner’s prior criminal antecedent precludes bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • seizure procedure
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21023 of 2026
                   Arising Out of PS. Case No.-6 Year-2026 Thana- NTPC KHAIRA District- Aurangabad
                 ======================================================
                 Kashmir Paswan S/o Rampukar Paswan R/o Village- Ankuri, P.S- Paliganj,
                 Dist- Patna, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Saket Anand, Advocate
                 For the Opposite Party/s :      Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with NTPC Khaira P.S. Case No. 06 of 2026 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   Tata pickup van, altogether 423 liters of illicit foreign liquor was

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the

                   possession of this petitioner, he is merely a driver of the said
          Patna High Court CR. MISC. No.21023 of 2026(2) dt.02-04-2026
                                                      2/2




                    pick-up van. He further submits that the witnesses of the seizure

                    list are police personnel and the police has not complied with

                    Section 105 of the BNSS while making the seizure. Moreover,

                    the petitioner is languishing in judicial custody since

                    01.02.2026.

                                 5. The application for bail is opposed by learned APP

                    for the State and submits that the petitioner is having criminal

                    antecedent of one case of similar nature.

                                 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 enlarged on bail on furnishing bail

                    bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                    of the like amount each to the satisfaction of the learned Special

                    Judge Excise Court-II, Aurangabad in connection with NTPC

                    Khaira P.S. Case No. 06 of 2026.



                                          (Ashok Kumar Pandey, J)
Sudhanshu/-

U


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