Patna High Court
Arjun PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court inclined to grant bail to the petitioner, subject to bond and conditions.
Summary
Arjun Paswan was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 12.1 litres of illicit country-made liquor from a public place. The petitioner contended that he was falsely implicated, that no liquor was found in his possession, and that the recovery was from an open area accessible to the public. He had been in custody since 4 November 2025 and possessed nine prior criminal convictions, while the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the court, considering the circumstances and the period of custody, decided to grant bail subject to a bond of Rs. 15,000 with two sureties and several conditions regarding appearance, travel, and future conduct. The bail was ordered to be released after framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, impacts the grant of bail.
- Whether the recovery of liquor from an open public place suffices to sustain the charge against the petitioner.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- Section 103
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4165 of 2026
Arising Out of PS. Case No.-383 Year-2024 Thana- CHIRAIYA District- East Champaran
======================================================
Arjun Paswan S/o Keshwar Paswan Resident of Village- Mirpur, P.S.-
Chiraiya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Chiraiya
P.S. Case No. 383 of 2024 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 12.1 litres
of illicit country-made liquor has been recovered from sack.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. Local
people disclosed the name of the petitioner. The petitioner has
Patna High Court CR. MISC. No.4165 of 2026(2) dt.27-01-2026
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got no concern with the alleged recovery of liquor. The
petitioner is in custody since 04.11.2025 and has nine criminal
antecedents. There is no compliance of Section 103 of the
Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Chiraiya P.S. Case
No. 383 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) Petitioner shall not leave the territorial
Patna High Court CR. MISC. No.4165 of 2026(2) dt.27-01-2026
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jurisdiction of the learned court below without taking prior
permission of the court concerned.
(IV) If the petitioner is found involved in the similar
nature of offence in future, the prosecution will be at liberty to
move for cancellation of bail.
(Rudra Prakash Mishra, J)
atul/-
U T
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