Patna High Court
Awaren Paniyar @ Amrendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
2/3
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
Checking your session…