Patna High Court
Shrawan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
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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
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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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