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