Patna High Court
Pappu Paswan @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond of Rs.10,000 and two sureties, subject to specified conditions.
Summary
The petitioner, Pappu Paswan, was arrested on 14 March 2026 in connection with a case under Section 30(a) of the Bihar Excise Prohibition Act for the alleged possession of 324 litres of illegal Nepalese liquor seized from the house of a co‑accused. He filed a bail petition, contending that the seizure was effected by police personnel without complying with Sections 103 and 105 of the Bihar Narcotic and Substance Seizure (B.N.S.S.) Act, 2023, and that he was merely present at the premises. The State opposed bail, noting that the petitioner has another pending case. The Court examined the bail criteria, the procedural lapses alleged, and the petitioner’s criminal antecedent, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was made effective immediately, without delay for verification.
Issues considered
- What is the applicability of Section 30(a) of the Bihar Excise Prohibition Act to the petitioner’s alleged conduct?
- Whether the seizure of the liquor complied with Sections 103 and 105 of the B.N.S.S. Act, 2023, affecting bail eligibility.
- Whether the petitioner’s prior criminal case and alleged non‑cooperation justify denial of bail.
Legislation cited
- B.N.S.S., 2023 — s. 103, 105
Subjects
- bail
- excise law
- illegal liquor
- seizure procedure
- criminal antecedent
- Section 30(a)
- B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30563 of 2026
Arising Out of PS. Case No.-190 Year-2026 Thana- SITAMARHI District- Sitamarhi
======================================================
Pappu Paswan @ Chhotu S/O Shiv Shankar Paswan R/O Village- Amghatta,
Ward No.- 35, P.S- Sitamarhi, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Yadav, Advocate
For the Opposite Party/s : Mr.Umanath Mishra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Mr.Umesh Kumar Yadav, learned counsel for
the petitioner and Mr.Umanath Mishra, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
14.03.2026 in connection with Sitamarhi P.S. Case No. 190 of
2026, F.I.R. dated 13.03.2026 registered for the offence
punishable under Section 30(a) of Bihar Excise Prohibition Act.
3. Recovery is of 324 liters of illegal Nepalese liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR that the recovery has been
made from the house of co-accuse person, namely, Amod
Paswan and altogether 324 liters of Nepalese liquor was
recovered from the co-accused person and petitioner has been
Patna High Court CR. MISC. No.30563 of 2026(2) dt.05-05-2026
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implicated in the present case because the petitioner was present
in the House of co-accused persons. It appears from the seizure
list that the seizure list witnesses are police personnel so there is
non-compliance of Sections 103 and 105 of B.N.S.S. 2023 and
the petitioner is in custody since 14.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one more case other than the present one, as mentioned in para-
3 of the bail petition.
6. Considering the aforesaid fact, 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 learned Exclusive Special Excise
Court-2 (Sitamarhi), in connection with Sitamarhi P.S. Case
No. 190 of 2026, with 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/her absence on two consecutive dates without sufficient
reason, his/her 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
Patna High Court CR. MISC. No.30563 of 2026(2) dt.05-05-2026
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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)
Nitesh/-
U T
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