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Patna High Court

Munna PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, subject to a bond, sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Munna Paswan, the owner of a motorcycle from which 20 litres of illicit liquor was seized, applied for bail under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the vehicle was being used by a third party, Chadrama Pasi, without his knowledge or consent, and that he had no criminal antecedents. The State opposed the bail application. The court, after considering the facts, the petitioner’s clean record, and the circumstances of the seizure, ordered that bail be granted upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also stipulated that the petitioner must surrender within six weeks if arrested.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the circumstances of the seizure and his lack of criminal antecedent.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • Section 30
  • criminal procedure
  • surety
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26088 of 2026
                      Arising Out of PS. Case No.-114 Year-2025 Thana- IMADPUR District- Bhojpur
                 ======================================================
                 Munna Paswan S/O Ayodhya Paswan Resident of Village- Charo Gram Bihta,
                 P.S.-Imadpur, District- Bhojpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Malti Kumari, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   22-04-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2. The petitioner apprehends arrest in a case

                   registered under Section 30(a) of Bihar Prohibition and Excise

                   Act.

                                      3. As per the prosecution case, 20 litres illicit

                   liquor was recovered from the motorcycle of the petitioner.

                                      4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case being the owner of the

                   seized motorcycle. Further submission is that at the relevant

                   time, the vehicle of the petitioner was taken by one Chadrama

                   Pasi for some urgent work and without consent or knowledge of

                   the petitioner, his vehicle was being used for transportation of
            Patna High Court CR. MISC. No.26088 of 2026(2) dt.22-04-2026
                                                        2/2




                      illicit liquor. Petitioner was not present on the spot and nothing

                      has been recovered from the conscious possession of the

                      petitioner. Petitioner has got no criminal antecedent and he

                      undertakes to cooperate in the investigation and trial.

                                   5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, submissions of learned counsel for the parties and

                      fair criminal antecedent of the petitioner, let the above named

                      petitioner be released on bail, in the event of arrest or surrender

                      before the Court below within a period of six weeks from today,

                      on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      learned Exclusive Special Excise Court-I, Ara, Bhojpur in

                      connection with Imadpur P.S. Case No. 114 of 2025, subject to

                      the conditions as laid down under Section 482(2) of the

                      Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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