Patna High Court
Suraj PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted bail to the petitioner, subject to a bond of ₹30,000 and compliance with the conditions of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Suraj Paswan applied for bail after being implicated in a case (Kawakol PS Case No. 147/2026) for allegedly possessing 22.75 litres of Indian-made foreign liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner asserted his innocence, a clean criminal record, and claimed the liquor was recovered from a hut not belonging to him. The State opposed bail, citing the seriousness of the offence. The Court considered the petitioner’s clean antecedents and the circumstances of the recovery, and ordered his release on bail upon furnishing a bond of ₹30,000 under Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, subject to conditions under Section 482(2) of the same Act. The bail order was conditioned on surrender within four weeks to the Exclusive Special Court, Excise‑II, Nawada.
Issues considered
- Whether bail should be granted in a case involving alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s clean antecedents and the fact that the liquor was recovered from a hut not owned by him justify bail.
- Application of Section 2(1)(d) and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in granting bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- prohibition act
- excise
- liquor possession
- Section 30(a)
- Section 2(1)(d)
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36173 of 2026
Arising Out of PS. Case No.-147 Year-2026 Thana- KAUWAKOL District- Nawada
======================================================
Suraj Paswan S/o Sharan Paswan R/o Village- Sokhodewra, PS- Kawakol,
District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Muskan Singh, Advocate
For the Opposite Party/s : Mr.Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2026 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 Kawakol P.S. Case No.- 147/2026 registered on 10.03.2026
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
4. As per prosecution, total recovery of 22.750 litres
Indian made foreign liquor, is the subject matter of the present
case.
5. It is submitted by the learned counsel for the
petitioner that the petitioner is innocent and has committed no
offence. The petitioner has a clean criminal antecedent.
Patna High Court CR. MISC. No.36173 of 2026(2) dt.02-06-2026
2/2
Moreover, the alleged recovery was not made from the
conscious position of the petitioner rather it has been made from
a hut which does not belong to the petitioner.
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the antecedent of the
petitioner is clean.
7. In the facts and circumstances, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the Learned Exclusive
Special Court, Excise-II, Nawada, in connection with Kawakol
P.S. Case No.- 147/2026, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,
2023.
(Dr. Anshuman, J)
Ashwini/Manshi
U T
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