Patna High Court
Upendra PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, directing him to furnish a bail bond with two sureties.
Summary
The petitioner, Upendra Paswan, sought regular bail in a case under Section 30(a) of the Bihar Excise and Prohibition Act after 95 litres of country‑made liquor were seized from a tempo allegedly in his possession. He contended that he had no connection with the tempo, that the seizure list was prepared solely by police officers, and that the police failed to comply with the mandatory provisions of Section 105 of the B.N.S.S., thereby falsely implicating him. The State opposed the bail, citing the seriousness of the offence and the petitioner’s prior similar criminal antecedent. The Court, after considering the facts and the alleged procedural lapses, decided to grant regular bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of equal amount to the satisfaction of the Exclusive Special Excise Court‑II, Araria. The petitioner was ordered to be released on bail.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Excise and Prohibition Act.
- Whether the police complied with the procedural requirements of Section 105 of the B.N.S.S. in preparing the seizure list.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Bihar Excise and Prohibition Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- regular bail
- excise offence
- seizure procedure
- Section 30(a)
- Section 105
- police compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31804 of 2026
Arising Out of PS. Case No.-84 Year-2026 Thana- Excise P.S. District- Araria
======================================================
Upendra Paswan, Son of Late Janglu Paswan, Resident of Village - Chaura
Parawaha, Ward No. 14, P.S.- Forbesganj, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State through Video Conferencing.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of
Bihar Excise and Prohibition Act.
3. The case of the prosecution in brief is that, from a
Tempo altogether 95 liters of country made liquor was
recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that, he
is not concerned in anyway with the Tempo. It is also submitted
that all the witnesses to the seizure list are police personnel, and
the police have not complied the mandatory provisions of
Section 105 of the B.N.S.S. While making the Seizure List,
learned counsel of the petitioner has submitted that, petitioner is
Patna High Court CR. MISC. No.31804 of 2026(2) dt.20-05-2026
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nearly a passer-by and Police has falsely implicated him in this
case. It has further been submitted that petitioner is having one
criminal antecedent of similar nature. He is in custody since
03.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of the regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on
bail. The above-named petitioner is directed to be released on
bail in connection with Araria Excise P.S. Case No. 84 of 2026
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-II, Araria.
(Ashok Kumar Pandey, J)
khushbu/-
U T
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