Patna High Court

Sedu Kumar @ Sedu Paswan @ Sedu SinghversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The court held that the petitioner is entitled to bail, subject to a bond and conditions, as the allegations do not establish direct possession and he has a clean antecedent.

Summary

The petitioner, Sedu Kumar, sought bail in a case (Udwantnagar PS Case No. 303 of 2025) involving the alleged recovery of 240 litres of illicit liquor. He was charged under Section 317(5) of the Bharatiya Nagrik Suraksha Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner claimed innocence, stating that his name was mentioned only through a co‑accused’s disclosure, that he had no prior criminal record, and that the seized liquor was not in his possession nor was the motorcycle used for the alleged offence his. The State opposed bail, but the court considered the clean antecedent and lack of direct possession. Applying the bail provisions of Section 2(1)(d) and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, the judge ordered that the petitioner be released on bail upon furnishing a bond of ₹30,000 within four weeks. The order thus granted bail subject to the stipulated conditions.

Issues considered

Whether the petitioner is entitled to bail despite the charges under Section 317(5) of the Bharatiya Nagrik Suraksha Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Legislation cited

Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 317(5), 482(2)

Subjects

bail
illicit liquor
excise law
criminal procedure
Section 317
Section 30
Bharatiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26922 of 2026
                   Arising Out of PS. Case No.-303 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
                 Sedu Kumar @ Sedu Paswan @ Sedu Singh S/O Rajan Paswan @ Rajan Ram
                 Resident of Bheriya Dhamar, W. No-8, Police Station- Ara Muffasil, District-
                 Bhojpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr.Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Udwantnagar P.S. Case No. 303 of 2025 registered on

                   15.06.2025 for the offences punishable under Section 317(5) of

                   the B.N.S. 2023 and Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2022.

                                3. As per prosecution, total recovery of 240 liters

                   illicit liquor is the subject matter of the present case.

                                4. It is submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has committed no

                   offence. The name of the petitioner has come in this case on the

                   basis of disclosure made by co-accused. The alleged recovery
            Patna High Court CR. MISC. No.26922 of 2026(2) dt.22-04-2026
                                                        2/2




                      has not been made from the possession of the petitioner. The

                      petitioner has a clean criminal antecedent. Moreover, the

                      petitioner is not the owner of the alleged motorcycle from which

                      the recovery was made.

                                   5. Learned APP for the State opposes the prayer for

                      bail of the petitioner and submits that the antecedent of the

                      petitioner is clean.

                                   6. In the facts and circumstances, let the above named

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

                      before the Trial Court within a period of four weeks from today,

                      on furnishing bail bond of ₹30000/- (thirty thousand) as

                      mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha

                      Sanhita, 2023 to the satisfaction of the Exclusive Special Judge,

                      Excise-II, Bhojpur, Ara, in connection with he aforementioned

                      case, subject to the conditions as laid down under Section

                      482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T

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