Patna High Court
Sikindar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Sikindar Paswan, was arrested in connection with an Excise case alleging possession of 616.875 litres of foreign liquor, contravening Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was recovered from an open area, that he had no direct possession of the contraband, and that the police had framed him with ulterior motives. The petitioner had been in custody since 14 November 2025 and possessed one prior criminal antecedent, while the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed bail, but the Court, considering the lack of incriminating material in the petitioner's possession and the procedural lapse, decided to grant bail. The Court ordered release on a bail bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the non‑compliance with Section 103 of the BNSS, 2023 warrants bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- foreign liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 103
- BNSS 2023
- police motive
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2534 of 2026
Arising Out of PS. Case No.-1387 Year-2025 Thana- Excise P.S. District- Sitamarhi
======================================================
Sikindar Paswan S/o- Late Gena Paswan Resident of village- Kapraul
(Siroman) ward No- 11, PS- Riga Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ayush Kumar, Adv.
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
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 Sitamarhi
Excise PS Case No. 1387 of 2025 instituted for the offences
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 616.875 liters of
foreign liquor was recovered from the sumo car.
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. Learned counsel for
the petitioner submits that the recovery has been made from an
open place which is accessible to one and all and the petitioner
Patna High Court CR. MISC. No.2534 of 2026(2) dt.19-01-2026
2/2
was implicated in this case by the police with ulterior motive.
The petitioner is in custody since 14.11.2025 and has got one
criminal antecedent. There is no compliance of Section 103 of
the BNSS, 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Sitamarhi Excise PS Case No. 1387 of
2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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