Patna High Court
Munna PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
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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