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Patna High Court

Uday Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to bond and conditions.

Summary

Uday Kumar Paswan, a driver, was arrested in connection with a case involving the seizure of 2,709 litres of liquor from a pickup van, alleged to be offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no knowledge of the goods, was not in possession, and had no prior criminal record, also contending that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was not complied with. The State opposed bail. Considering the lack of incriminating material against the petitioner, his clean record, and the period already spent in custody, the Court inclined to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions regarding family surety and regular appearance in court. The bail order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act in the circumstances of the case.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • driver
  • possession
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2390 of 2026
                         Arising Out of PS. Case No.-220 Year-2025 Thana- BIND District- Nalanda
                 ======================================================
                 Uday Kumar Paswan Son of Duleshwar Paswan Resident of Village-
                 Koylanagar, P.S.- Saraidhela, District- Dhanbad, State- Jharkhand, at present
                 Q A1/139, Koylanagar, P.O. BCCL Township, District- Dhanbad, State-
                 Jharkhand
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Gautam, Advocate
                 For the Opposite Party/s :        Mr.Abhay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Bind

                   P.S. Case No. 220 of 2025, instituted for the offences punishable

                   under Sections 30(a) and 41(1) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 2709

                   liters liquor was recovered from Pick-up van.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   further submitted that the petitioner is driver of the vehicle and
           Patna High Court CR. MISC. No.2390 of 2026(2) dt.19-01-2026
                                                       2/2




                     he has no knowledge regarding the goods loaded in the vehicle.

                     The petitioner is in custody since 23.11.2025 and has got no

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Bind P.S. Case No.

                     220 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T


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