Patna High Court
Pradeep PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the seizure was not from the petitioner's conscious possession and the prosecution failed to comply with Sections 103 and 105 of the BNSS, 2023.
Summary
The petitioner, Pradeep Paswan, was arrested on 9 January 2026 in connection with a case under Section 30(a) of the Bihar Excise and Prohibition Act for the alleged possession of 1,450.2 litres of foreign liquor. He contended that the liquor was seized from a pick‑up van and not from his conscious possession, and that he was not the owner of the vehicle. The petitioner also argued that the police failed to comply with Sections 103 and 105 of the Bihar Narcotic and Smuggling Act, 2023, rendering the seizure unlawful. The State opposed bail, noting three similar pending cases, but the court noted the lack of direct possession and procedural lapses. Consequently, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the seized contraband was not in the petitioner's conscious possession.
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic and Smuggling Act, 2023, warrants bail.
- Whether the existence of other pending cases of a similar nature precludes bail.
Subjects
- bail
- excise
- prohibition
- seizure
- conscious possession
- procedural compliance
- BNSS 2023
- Section 30(a)
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25195 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- Bahera District- Gaya
======================================================
Pradeep Paswan Son of Ramanand Paswan Resident of Village- Chhotki
Nawada, P.S.- Delha, District- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anunay Shahi, Advocate
For the State : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Anunay Shahi, learned counsel for the
petitioner and Mr. Ashok Kumar Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
09.01.2026, in connection with Bahera P.S. Case No. 07 of
2026, F.I.R. dated 09.01.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Excise and
Prohibition Act.
3. Recovery is of 1450.2 litres of foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has 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 been recovered from the
conscious possession of the petitioner rather recovery has been
Patna High Court CR. MISC. No.25195 of 2026(2) dt.16-04-2026
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made from the pick-up van in question and altogether 1450.2
litres of foreign liquor was recovered from the vehicle in
question. He further submits that the petitioner is not owner of
the vehicle in question and the seizure list witnesses are police
personnel so there is non-compliance of Sections 103 and 105 of
BNSS, 2023. He further submits that police after investigation
submitted chargesheet against the petitioner and the petitioner is
in custody since 09.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries three more
cases of similar nature other than the present one but fairly
submits on the basis of paragraph-3 of the bail petition that the
petitioner is on bail in the pending matters.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge Excise
Court No. 05, Gaya in connection with Bahera P.S. Case No. 07
Patna High Court CR. MISC. No.25195 of 2026(2) dt.16-04-2026
3/3
of 2026, subject to the following conditions :-
(1) Petitioner 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 Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers 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 petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. 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//-
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