Patna High Court
Sunil PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Sunil Paswan was arrested on 5 April 2026 after a police stop of a vehicle (Reg. No. OD01J6555) on NH‑27 led to the seizure of 1,440 litres of liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no prior criminal record, was not the owner of the vehicle, and that the FIR was fabricated, also alleging non‑compliance with mandatory provisions of Sections 103 and 105 of the BNSS, 2023. The State opposed bail, arguing the seriousness of the offence. The High Court, after hearing both sides, ordered the release of the petitioner on bail of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence, while allowing the lower court to verify his antecedents. The bail order was conditioned on compliance with the stipulated terms and did not delay acceptance of the bond for verification purposes.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the procedural requirements of Sections 103 and 105 of the BNSS, 2023 were complied with in the investigation.
- Whether the accused was in actual possession of the seized liquor or merely the driver of the vehicle.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition act
- excise
- seizure of liquor
- possession
- criminal antecedent
- Section 30(a)
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38801 of 2026
Arising Out of PS. Case No.-163 Year-2026 Thana- NARPATGANJ District- Araria
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Sunil Paswan S/O Devan Paswan R/O Village- Ganeshwar, PS- Bampantha,
Distt- Baleshwar(Odisha) Permanent R/O Village- Maheshi, PS- Sultanganj,
Distt- BHagalpur(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey
For the Opposite Party/s : Mr. Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.04.2026 in connection with Narpatganj P.S. Case No. 163 of
2026 for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. That the Prosecution Story as described in the F.I.R.
in Connection with Narpatganj P.S. Case No. 163/2026, in brief
is as follows :---
i.) That one Dhanjee Kumar, S.I. of Narpatganj P.S.
gave a written report alleging therein that on 04.04.2026 at
about 8.30 hours, information was received from the Prohibition
Excise Department, Patna, that a red - green Coloured Container
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Vehicle with registration No. 0D01J6555 is coming from
Siliguri side in which liquor is to be present. For verification of
the information and necessary action, he along with Police
Personal Vehicle were being checked on N H 27 from Siliguri to
Patna.
ii.) That it has been further stated in his written report
that at about 11.40 A.M. a red green Container Vehicle with
Reg. No. 0D01J6555 was seen speeding from Araria Forbesganj
on NH-27. As soon as it reached the Police Force, the Vehicle
was stopped and brought it to the Police Station. On asking he
disclosed his name as Sunil Paswan. In presence of two
witnesses he searched the Vehicle bearing Reg. No. OD-01J-
6555 and recovered total 1440 liters Indian made foreign Liquor
inside the cabin of the Vehicle. Thereafter the recovered Liquor
was seized and accordingly Seizure list was prepared.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and has falsely been implicated
in the present case. It is further submitted that the allegation as
alleged in the FIR is forged and fabricated and the petitioner has
not committed any offence as alleged in the FIR. It is further
submitted that it appears from the FIR and seizure list that
nothing has been recovered from the conscious possession of
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the petitioner rather the recovery has been made from the truck
in question and petitioner is not the owner of the truck in
question. Learned counsel for the petitioner next submits that
there is non-compliance of mandatory provisions of Sections
103 and 105 of BNSS, 2023 and petitioner is in custody since
05.04.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned
Exclusive Special Judge Excise-I, Araria in connection with
Narpatganj P.S. Case No. 163 of 2026 subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
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move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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