Mukesh PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30544 of 2026
                    Arising Out of PS. Case No.-46 Year-2026 Thana- Pachpakdi District- East Champaran
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                 Mukesh Paswan Son of Late Bunilal Paswan Resident of Village - Bhandar,
                 Police Station - Pachpakri, District - East Champaran at Motihari.
                                                                                 ... ... Petitioner
                                                       Versus
                 The State of Bihar
                                                                          ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :        Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :        Mr. Braj Kishore Pd.(App)
                 ======================================================
                 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

                   18.03.2026 in connection with Pachpakri P.S. Case No. 46 of

                   2026 for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Amendment Act, 2022 and Sections

                   20(ii)(a) and 22(a) of the NDPS Act.

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

                   17.03.2026, the informant received secret information that the

                   petitioner carrying contraband and foreign liquor on a bicycle. It

                   is next alleged that for the purpose of verification informant

                   along with police personnel proceed to alleged place, upon

                   seeing the police party he tried to flee way; however he was

                   intercepted, and the occupant disclosed his name as Mukesh

                   Paswan. In the absence of independent witnesses, a search was

                   conducted, during which 6.6 liters Nepali liquor, and 33 grams

                   Ganja were allegedly recovered from the petitioner.
Patna High Court CR. MISC. No.30544 of 2026(2) dt.05-05-2026
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                      4. Learned counsel for the petitioner submits that it

          appears from the FIR and seizure list that altogether 6.6 liters of

          Nepali liquor and 33 grams Ganja were recovered from the

          conscious possession of the petitioner. It is next submitted that

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

          witnesses are police personnel so there is non-compliance of

          mandatory provisions of Sections 103 and 105 of BNSS, 2023

          and apart from that seized contraband is less than small quantity

          and there is no embargo of Section 37 of the NDPS Act to

          enlarge the petitioner on bail and petitioner is in custody since

          18.03.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of three cases other than

          the present case but fairly submits that petitioner is on bail in all

          the pending matters.

                       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 Court of

          Exclusive Special Excise Court No. 1, Civil Court, East

          Champaran at Motihari in connection with Pachpakri P.S. Case
           Patna High Court CR. MISC. No.30544 of 2026(2) dt.05-05-2026
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                     No. 46 of 2026, subject to the following conditions:-

                                  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