Patna High Court
Uday Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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