Patna High Court
Vikash PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Vikash Paswan, applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating that the alleged contraband was recovered from an open roadside location and that he had no prior criminal record except for one similar case for which he is already on bail. His counsel argued that the police had not complied with Sections 103 and 105 of the Bihar Narcotic Substances Act and that Paswan was a labourer who had traveled to his native village only to see his ailing mother when arrested. The State opposed the bail application. After considering the facts, the court found the petitioner's arguments persuasive and granted bail on a bond of Rs.20,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the procedural requirements of Sections 103 and 105 of the Bihar Narcotic Substances Act were complied with
- Whether the petitioner’s lack of prior criminal antecedents warrants bail
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- procedural compliance
- Section 103
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31877 of 2026
Arising Out of PS. Case No.-301 Year-2025 Thana- LALIT NARAYAN UNIVERSITY
District- Darbhanga
======================================================
Vikash Paswan, S/o Ram Kishore Paswan @ Master Saheb, Resident of
Village- Kagba Gumti, Beladulla,Ward No. 3, Chunna Bhatti,P.S.- L.N.M.U,
Dist.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-05-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
LNMU P.S. Case No. 301 of 2025 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The main submissions advanced by the petitioner’s
counsel are that the petitioner is innocent and has been falsely
implicated in the present case, no recovery has been made from
the conscious possession of the petitioner and the alleged
recovery was made from an open and accessible place near road
side. Learned counsel further submits that there has been non-
compliance of Section 103 and 105 of BNSS. It is also
submitted that the petitioner is labourer working in Kolkata and
Patna High Court CR. MISC. No.31877 of 2026(2) dt.12-05-2026
2/2
had came to his native village only to see his ailing mother
when he was apprehended by the police. Learned counsel
further submits that except one similar case in which the
petitioner is already on bail, he has no criminal antecedent and
he has been in custody since 06.04.2026.
4. Learned APP for the State has opposed the prayer
for bail of the petitioner.
5. In the facts and circumstances of this case, and
considering the statements made in the petition as well as the
above submissions, this Court is inclined to grant the relief of
bail to the petitioner. Accordingly, let the petitioner named-
above be released on bail on furnishing bail bond of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the concerned Court in
connection with LNMU P.S. Case No. 301 of 2025.
(Shailendra Singh, J)
maynaz/krishna/-
U
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