Patna High Court
Sushil PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail is granted to the petitioner subject to a Rs.30,000 bond and conditions under the B.N.S.S., 2023.
Summary
The petitioner, Sushil Paswan, sought bail after being implicated in a case (Chandi P.S. Case No. 465 of 2024) for alleged contravention of section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, based on the seizure of 60 litres of illicit liquor from a motorcycle he owned. The prosecution argued that the seizure linked the petitioner to the offence, while his counsel contended that no liquor was found in his personal possession and that he has a clean antecedent. The State opposed the bail application. The High Court, after hearing both sides in a virtual proceeding, granted bail on the condition of a Rs.30,000 bond under Section 2(1)(d) of the B.N.S.S., 2023 and subject to the provisions of Section 482(2) of the same Act. The Court also directed the trial court to verify the petitioner’s criminal antecedents and to cancel the bail if any concealment is discovered.
Issues considered
- Whether bail should be granted to the petitioner in an offence under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether ownership of the seized motorcycle suffices to establish the petitioner’s participation in the offence.
- Whether the bail bond and conditions prescribed under the B.N.S.S., 2023 are appropriate.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal antecedent
- virtual hearing
- Bihar Prohibition and Excise Act
- B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36238 of 2026
Arising Out of PS. Case No.-465 Year-2024 Thana- CHANDI District- Nalanda
======================================================
Sushil Paswan Son of Suresh Paswan Resident of Village- Kushwan, P.S.-
Dhanarua, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Adv.
For the Opposite Party/s : Ms. Sharda Kumari, 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 Chandi P.S. Case No. 465 of 2024 lodged on 21.08.2024,
for the offence punishable under section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
4. As per the prosecution, FIR has been lodged against
the owner of a motorcycle. Total recovery of 60 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
Patna High Court CR. MISC. No.36238 of 2026(2) dt.02-06-2026
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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
made from a motorcycle. Counsel further submits that the name
of the petitioner has come in this case only due to the reason
that he is the owner of the seized motorcycle. He further submits
that the petitioner has clean antecedent.
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 Special Judge, Excise
Court, Hilsa at Nalanda, in connection with Chandi P.S. Case
No. 465 of 2024, subject to the conditions as laid down U/s
482(2) of the B.N.S.S., 2023.
8. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
Patna High Court CR. MISC. No.36238 of 2026(2) dt.02-06-2026
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bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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