Created by Fuzzy Cloud

Patna High Court

Kanhaiya Paswan (Chaudhary) @ Kanhaiya ChaudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.