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Patna High Court

Mahanth PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         2/2




                       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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