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Patna High Court

Shrawan PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioners subject to bond and conditions.

Summary

Petitioners Shrawan Paswan and Mundan Kumar were arrested on 18 February 2026 in connection with a case involving the seizure of 285.12 litres of foreign liquor from a vehicle, alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2018. They contended that the liquor was not in their conscious possession, they have clean antecedents, and that the prosecution had not complied with Sections 103 and 105 of the BNSS, 2023. The State opposed bail. The Court, noting the lack of direct possession, the petitioners' clean record and the procedural lapses, granted bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, appearance, and no tampering with evidence or concealment of antecedents. The bail order was directed to be implemented by the Special Excise Court, Saran.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2018 given the facts of the case.
  • Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants denial of bail.
  • Whether the fact that the seized liquor was not found in the petitioners' conscious possession justifies granting bail.

Legislation cited

Subjects

  • bail
  • excise law
  • foreign liquor
  • Bihar Prohibition & Excise Act
  • procedural compliance
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24305 of 2026
                        Arising Out of PS. Case No.-42 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
           1.     Shrawan Paswan S/o Late Rabindra Paswan R/oVillage - Bidhipur, Ward no.
                  14, P.S. - Salimpur, District - Patna.
           2.    Mundan Kumar S/o Late Rmashray Ray R/oVillage - Bidhipur, Ward no. 15,
                 P.S. - Salimpur, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Amrit Abhijat, Advocate
                 For the Opposite Party/s :         Mrs. Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-04-2026                      Heard Mr. Amrit Abhijat, learned counsel for the

                   petitioners and Mrs. Pushpa Sinha.1, learned APP for the State.

                                2. Petitioners seek bail, who are in custody since

                   18.02.2026, in connection with Sadar Excise P.S. Case No. 42 of

                   2026, F.I.R. dated 17.02.2026                  registered for the offences

                   punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition & Excise Act, 2018.

                                3. Recovery is of 285.12 litres of foreign liquor.

                                4. Learned counsel for the petitioners submits that the

                   petitioners have clean antecedents and they have been falsely

                   implicated in the present case.                 He further submits that it

                   appears from the F.I.R. as well as seizure list that nothing has
Patna High Court CR. MISC. No.24305 of 2026(2) dt.15-04-2026
                                            2/3




          been recovered from the conscious possession of the petitioners

          rather recovery has been made from the vehicle in question and

          altogether 285.12 lires of foreign liquor was recovered from the

          vehicle in question.         He further submits that   there is non-

          compliance of Sections 103 and 105 of BNSS, 2023 and the

          petitioners are in custody since 18.02.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for             bail of the

          petitioners.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioners having clean antecedents and

          nothing has been recovered from the conscious possession of

          the petitioners and there is non-compliance of Sections 103 and

          105 of the BNSS, 2023, let the petitioners, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) each with two sureties of the like amount each to

          the satisfaction of learned 3rd Exclusive Special Excise Court,

          Saran at Chapra in connection with Sadar Excise P.S. Case No.

          42 of 2026, subject to the following conditions :-

                       (1) Petitioners shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          Court and shall remain physically present as directed by the
               Patna High Court CR. MISC. No.24305 of 2026(2) dt.15-04-2026
                                                           3/3




                         Court and on their absence on two consecutive dates without

                         sufficient reason, their bail bonds shall be cancelled by the

                         Court below.

                                      (2) If the petitioners tamper with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioners.            However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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