Patna High Court
Manjeet PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted as the petitioner’s custody was unwarranted and the statutory conditions for bail were satisfied.
Summary
The petitioner, Manjeet Paswan, was arrested while allegedly carrying 135 litres of Nepali liquor in contravention of Section 30(a) of the Bihar Prohibition & Excise Act, 2016. He claimed that he was a passer‑by who was mistakenly apprehended after the real offenders fled, and that no liquor was found in his conscious possession. The State opposed bail, arguing the seriousness of the offence. The court considered the facts, the petitioner’s custody since 30‑03‑2026, and the statutory provisions governing bail. Applying Section 480(3) of the BNSS, the court ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties and compliance with specific conditions. The bail was granted subject to the conditions that a close relative act as a bailor, the petitioner attend all court dates, and the bond may be cancelled for non‑compliance.
Issues considered
- Whether the petitioner is entitled to bail under the Bihar Prohibition & Excise Act, 2016 and Section 480(3) of the BNSS
- Whether the circumstances of the arrest justify continued detention
Legislation cited
- Bihar Negotiable Security and Settlement Act — s. 480(3)
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
Subjects
- bail
- excise law
- illegal liquor
- Section 30
- Section 480(3)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32413 of 2026
Arising Out of PS. Case No.-753 Year-2026 Thana- Excise P.S. District- Sitamarhi
======================================================
Manjeet Paswan S/o Mauje Paswan R/o Village- Jamla, P.S.- Suppi, District
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Advocate
For the Opposite Party/s : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Sitamarhi Excise P.S. Case No. 753 of 2026
registered for the alleged offences under Sections 30(a) of the
Bihar Prohibition & Excise Act, 2016.
03. As per prosecution case, the petitioner was
apprehended after chase while carrying 135 liters of country
made Nepali liquor in a sack over his head.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case
and no recovery has been made from conscious possession of the
petitioner. The petitioner being a passerby was apprehended on
suspicion whereas the real miscreants fled away leaving behind
the sack. The petitioner is having antecedent of one case and he
is in custody since 30.03.2026.
05. Learned APP for the State opposes the submission
Patna High Court CR. MISC. No.32413 of 2026(2) dt.12-05-2026
2/2
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of learned Exclusive Special Judge, Excise
Act-II, Sitamarhi/court concerned in connection with Sitamrahi
Excise P.S. Case No. 753 of 2026, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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