Patna High Court
Mahanth PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that bail must be granted to the petitioner subject to the conditions specified under the B.N.S.S., 2023.
Summary
Mahanth Paswan was arrested in connection with a case alleging possession of 5 litres of illicit liquor, violating Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution’s case rested on the recovery of liquor from an open cattle shed and identification of the petitioner by a local chowkidar, with no liquor found in his direct possession. The petitioner argued innocence, noting the open nature of the location, lack of direct possession, and that his prior criminal record was unrelated to the Excise Act. The State opposed bail, but the court considered the weak evidentiary basis and the petitioner’s lack of prior excise offences. Consequently, the court granted bail on a bond of Rs.30,000, subject to conditions under the Bihar Narcotic and Special Substances (B.N.S.S.) Act, 2023.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 41(1)
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
Subjects
- bail
- excise law
- illicit liquor
- Bihar Prohibition and Excise Act
- B.N.S.S. 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36082 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- PALANWA District- East Champaran
======================================================
Mahanth Paswan Son of Kashi Paswan Resident of village- Sukhi Semra
Harizan Basti P.S.- Palanwa District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s : Mrs. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner is apprehending arrest in connection
with Palanwa P.S. Case No. 80 of 2026 lodged on 07.04.2026,
for the offence punishable under Sections 30(a) & 41(1) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
4. As per the prosecution, FIR has been lodged against
the sole petitioner. Total recovery of 5 litres of illicit liquor has
been made, which is the subject matter of the present case.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
possession of the petitioner and the alleged recovery has been
Patna High Court CR. MISC. No.36082 of 2026(2) dt.01-06-2026
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made from a cattle shed which is an open place and accessible
to all. Counsel further submits that the name of the petitioner
has transpired in this case only on the basis of disclosure made
by local chowkidar. Counsel further submits that the petitioner
has one criminal antecedent, but the same is not related to
Excise Act.
6. Learned APP for the State opposes the prayer for
bail of the petitioner.
7. In the present facts and circumstances of this case,
let the above named petitioner be released on bail, in the event
of arrest or surrender before the Trial Court within a period of 4
weeks from today, on furnishing bail bond of Rs.30,000/-
(Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of
the B.N.S.S., 2023 to the satisfaction of Exclusive Special
Excise Court no.2, East Champaran at Motihari, in connection
with Palanwa P.S. Case No. 80 of 2026, subject to the
conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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