Patna High Court
Kanhaiya Paswan (Chaudhary) @ Kanhaiya ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, directing them to furnish a bond of Rs 10,000 each with two sureties.
Summary
The petitioners, Kanhaiya Paswan and Sandeep Kumar Chaudhary, were arrested in connection with Nagar P.S. Case No.312 of 2026 for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, based on the recovery of 130 litres of country‑made liquor from a tempo. The petitioners contended that they were merely passengers, had no knowledge or possession of the liquor, and that the seizure was not conducted in accordance with Section 105 of the BNSS. They also disclosed prior criminal antecedents and were in judicial custody since 1 April 2026. The State opposed the bail application, citing the seriousness of the offence and the petitioners’ criminal history. After hearing both sides, the Court granted bail, directing each petitioner to furnish a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the 1st Exclusive Special Excise Court, Saran.
Issues considered
- Whether bail can be granted to the accused in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act when the seizure is alleged to be procedurally defective.
- Whether the petitioners’ prior criminal antecedents and current judicial custody preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- seizure procedure
- Section 105 BNSS
- criminal antecedent
- Special Excise Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31603 of 2026
Arising Out of PS. Case No.-312 Year-2026 Thana- CHAPRA TOWN District- Saran
======================================================
1. Kanhaiya Paswan (Chaudhary) @ Kanhaiya Chaudhary S/O Late Lal
Bahadur Paswan (Chaudhary) Resident of Village - Sani Bagahi, P.S.-
Basantpur, District - Siwan.
2. Sandeep Kumar Chaudhary S/O Krishna Chaudhari Resident of Village -
Sani Bagahi, P.S.- Basantpur, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Ranjan, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Nagar P.S. Case No.312 of 2026 registered for the offence
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that from a
tempo altogether 130 liters of country made liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that nothing has been recovered from
the possession of these petitioners. The petitioners are merely
Patna High Court CR. MISC. No.31603 of 2026(2) dt.13-05-2026
2/2
passenger on the said tempo. They were having no knowledge
regarding the alleged liquor. It has further been submitted that
the witnesses of the seizure list are police personnel and police
have not complied Section 105 of the BNSS while making
seizure. It has further been submitted that the petitioner no.1 is
having criminal antecedent of two cases and petitioner no.2 is
having criminal antecedent of one case and they are in judicial
custody since 01.04.2026.
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 petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the court
of learned 1st Exclusive Special Excise Court, Saran at Chapra,
in connection with Nagar P.S. Case No.312 of 2026.
(Ashok Kumar Pandey, J)
Durgesh/-
Rohit/-
U T
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