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Patna High Court

Awaren Paniyar @ Amrendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioners subject to specified conditions.

Summary

The petitioners, Awaren Paniyar and Musan Paniyar, were arrested on 7 February 2026 in connection with a case involving the alleged illegal possession of 88 litres of Wiscodin cough syrup, alleged to violate Section 30(f) of the Bihar Prohibition and Excise Act (Amended) 2018. They contended that the FIR was fabricated, they have no prior criminal record, and the investigation failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, but the court noted the lack of substantive evidence linking the petitioners to the seizure and the procedural lapses. Consequently, the court ordered bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order was issued pending verification of the petitioners' antecedents, without delay for such verification.

Issues considered

  • Whether bail should be granted to the accused despite the alleged procedural non‑compliance and lack of direct evidence.
  • Whether the FIR and seizure records satisfy the requirements of Sections 103 and 105 of BNSS, 2023.

Legislation cited

Subjects

  • bail
  • prohibition act
  • seizure
  • procedural compliance
  • criminal antecedent
  • section 30(f)
  • BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26461 of 2026
                        Arising Out of PS. Case No.-104 Year-2025 Thana- MANSI District- Khagaria
                 ======================================================
           1.     Awaren Paniyar @ Amrendra Kumar Son of Guno Paniyar
           2.     Musan Paniyar @ Amarjit Paniyar @ Amarjit Kumar Son of Guno Paniyar
                  Both are Resident of Village Bangalia, Police Station Mansi, District-
                  Khagaria
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vindhyachal Singh, Sr.Advocate
                                          :        Mr.Md. Shahid Anwar, Advocate
                 For the Opposite Party/s :        Mr.Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   21-04-2026                   Heard Mr.Vindhyachal Singh, learned senior counsel

                   appearing for the petitioners and Mr.Sucheta Yadav, learned

                   A.P.P. for the State.

                                 2. The petitioners seek bail, who are in custody since

                   07.02.2026 in connection with Mansi P.S. Case No. 104 of

                   2025, F.I.R. dated 06.05.2025 registered for the offence

                   punishable under Section 30(f) of Bihar Prohibition and Excise

                   Act (Amended), 2018.

                                 3. Recovery is of 88 litres of Wiscodin Cough Syrup.

                                 4. Learned senior counsel appearing for the petitioners

                   submits that the petitioners have clean antecedent. The

                   allegation as alleged in the FIR is false and fabricated and the

                   petitioners have not committed any offence as alleged in the
Patna High Court CR. MISC. No.26461 of 2026(2) dt.21-04-2026
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          FIR. Further submits that from a bare perusal of the FIR it

          appears that altogether 88 litres of Wiscodin Cough Syrup was

          recovered from the place of occurrence and one person namely,

          Bablu Singh was apprehended and who has not disclosed the

          name of the petitioners and on the basis of the disclosure made

          by the local villager, name of the petitioners has been transpired

          during investigation and except the aforesaid, nothing has come

          during investigation against the petitioners to suggest the

          involvement of the petitioners in the present occurrence and

          from a bare perusal of the seizure list it appears that the seizure

          list witnesses are police personnel so there is non-compliance of

          Sections 103 and 105 of BNSS, 2023 and petitioners are in

          custody since 07.02.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioners.

                       6. Considering the aforesaid fact, petitioners have

          clean antecedent, on the basis of the disclosure made by the

          local villager, name of the petitioners has been transpired during

          investigation and there is non-compliance of Sections 103 and

          105 of BNSS, 2023, let the petitioners, above named, be

          released on bail on furnishing bail bond of Rs.10,000/- (Ten

          Thousand)each with two sureties of the like amount each to the
             Patna High Court CR. MISC. No.26461 of 2026(2) dt.21-04-2026
                                                         3/3




                       satisfaction of learned Exclusive Special Excise Judge, 1st,

                       Khagaria in connection with Mansi P.S. Case No. 104 of 2025,

                       with the following conditions:-

                                    (I) 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 Court and

                       on their absence on two consecutive dates without sufficient

                       reason, their bail bond shall be cancelled by the Court below.

                                    (II) If the petitioners tamper with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to move

                       for cancellation of bail.

                                    (III) 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)
Nitesh/-
U        T


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