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Patna High Court

Manjeet PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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