Achchelal Paswan @ Achchelal ManjhiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 30509 of 2026
                          Arising Out of PS. Case No.-38 Year-2026 Thana- Nagara District- Saran
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                 Achchelal Paswan @ Achchelal Manjhi S/o- Late Jharilal Paswan R/village -
                 Nagra Ke Tola P.S. - Nagra, Dist. - Saran.

                                                                                       ... ... Petitioner
                                                         Versus
                 The State of Bihar

                                                          ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :        Mr. Arjun Prasad
                 For the Opposite Party/s :        Mr. Pronoti Singh
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   05-05-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   21.03.2026 in connection with Nagra P.S. Case No. 38 of 2026

                   for the offences punishable under Sections 30(a) and 32(3) of

                   Bihar Prohibition and Excise Amendment Act, 2022.

                               3. The case of the prosecution, in brief, is that on 20-

                   03-2026, on secret information, in course checking at Nagar

                   Chowk, the police apprehended a person with illicit liquor.

                   Upon inquiry the apprehended accused disclosed his name as

                   Achchelal Paswan (Petitioner here). On searching, the police

                   recovered total 14 litres of illicit country made liquor from the

                   possession of the petitioner, Thereafter police seized the illicit

                   liquor and prepared seizure list at presence of two witnesses
Patna High Court CR. MISC. No. 30509 of 2026(2) dt.05-05-2026
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          from raiding party.

                      4. Learned counsel for the petitioner submits that it

          appears from the FIR and seizure list that 14 litres of illicit

          country made liquor was recovered from the house of the

          petitioner. It is next submitted that from perusal of the seizure

          list it appears that the seizure list witnesses are Bihar Home

          Guard personnel so there is non-compliance of mandatory

          provisions of Sections 103 and 105 of BNSS, 2023 and

          petitioner is in custody since 21.03.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that recovery has been made from the house of the

          petitioner and apart from that petitioner has antecedent of one

          case other than the present case but fairly submits that petitioner

          is on bail in the pending matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned 3 rd

          Exclusive Special Excise Court, Saran at Chapra in Nagra in

          connection with Nagra P.S. Case No. 38 of 2026, subject to the

          following conditions:-
           Patna High Court CR. MISC. No. 30509 of 2026(2) dt.05-05-2026
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                                  i. Petitioner 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 his absence on two consecutive dates without sufficient

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

                                  ii. If the petitioner tampers 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 petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. 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)
Gaurav Sinha/-

U      T