Patna High Court
Kamal PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Kamal Paswan, applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for allegedly possessing 105 litres of Nepali liquor recovered from a roadside seizure. He contended that he was falsely implicated, that the liquor was not found in his conscious possession, and that the police failed to follow the proper search and seizure procedures prescribed under Sections 103 and 105 of the B.N.S.S. Act. The State opposed the bail, arguing the seriousness of the offence. After hearing both sides and reviewing the records, the Court considered the lack of direct possession, the procedural lapses alleged, the petitioner’s clean antecedents, and the length of custody. The Court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, and the application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the alleged procedural violations of Sections 103 and 105 of the B.N.S.S. Act justify granting bail.
- Whether the absence of conscious possession and the petitioner’s clean antecedents warrant bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- B.N.S.S. — s. 103, 105
Subjects
- bail
- prohibition
- excise
- illegal liquor
- search and seizure
- false implication
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39163 of 2026
Arising Out of PS. Case No.-172 Year-2026 Thana- SUPPI District- Sitamarhi
======================================================
Kamal Paswan S/o Laxmi Paswan R/o Village - Barharwa, P.S - Suppi,
District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Suppi P.S. Case No.172
of 2026 dated 13.05.2026 registered for the offences punishable
under Section 30(a) of Bihar Prohibition and Excise
(Amendment) Act.
3. As per the allegation, the informant a police officer
found the two persons concealing something by the side of road,
who upon seeing the police party, tried to flee away, but the
petitioner came to be apprehended. It has further been alleged
that altogether 105 liters of Nepali country made liquor was
recovered from three plastic bags, which was kept lying by the
side of the road.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.39163 of 2026(2) dt.17-06-2026
2/2
that petitioner has been falsely implicated in this case. It has
further been submitted that nothing has been recovered from the
conscious possession of the petitioner. It has further been
submitted that the procedures regarding search and seizure
under Section 103/105 of B.N.S.S. has not been followed with.
It has further been submitted that petitioner has got clean
antecedent. It has lastly been submitted that the petitioner is in
custody since 13.05.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Heard the parties and perused the records.
7. Considering the facts and circumstances of the case
as well as the period of custody, the petitioner above-named is
directed to be enlarged on bail on furnishing bail-bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge 1 st,
Exclusive Excise Judge-1, Sitamarhi in connection with Suppi
P.S. Case No.172 of 2026.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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