Patna High Court
Amarjeet PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the procedural deficiencies in the seizure and the petitioner’s clean antecedents justify granting bail.
Summary
The petitioner, Amarjeet Paswan, a driver, was arrested in connection with the seizure of 156 litres of illicit Nepali-made liquor, alleged under Sections 274, 275(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition & Excise Act. The prosecution argued that the liquor was recovered from the tempo he was driving, while the petitioner claimed innocence, asserting that nothing was seized from his possession and that the police failed to comply with Section 105 of the BNSS during the seizure. He also highlighted his lack of prior criminal record and his continued judicial custody since 27 March 2026. The State opposed bail, contending the seriousness of the offence. After hearing both sides, the Court found merit in the petitioner's arguments regarding procedural lapses and his clean antecedents, and consequently ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offence under the BNSS and Prohibition Act
- Whether the seizure complied with the procedural requirements of Section 105 of the BNSS
- Whether the petitioner’s lack of prior criminal record warrants bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 105, 274, 275(5)
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- seizure procedure
- Section 105
- BNSS
- Prohibition Act
- driver
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30180 of 2026
Arising Out of PS. Case No.-122 Year-2026 Thana- LADANIA District- Madhubani
======================================================
Amarjeet Paswan S/o Shankar Paswan R/o Vill. - Baghant, P.S. -Manigachhi,
District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Kumari Pallavi, Adv.
For the Opposite Party/s : Mr.Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Ladaniya P.S. Case No. 122 of 2026 registered for the
offence punishable under Sections 274, 275(5) of the B.N.S.,
2023 and Section 30(a) of the Bihar Prohibition & Excise Act.
3. The case of the prosecution, in short, is that from a
tempo, altogether 156 liters of illicit Nepali country made liquor
was recovered. Petitioner is the driver of the said tempo.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.30180 of 2026(2) dt.07-05-2026
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police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. Moreover, a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 27.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Excise Judge, Madhubani in connection with
Ladaniya P.S. Case No. 122 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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