Patna High Court
Dilip PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Dilip Paswan, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, after police recovered 105 litres of illicit Nepali liquor from an open area near a road where he was waiting for a vehicle. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that the police failed to comply with mandatory search and seizure procedures. The State opposed the bail application. Considering the lack of direct recovery from the petitioner, the alleged procedural lapses, and the length of his custody since 13 May 2026, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions including a close relative as a bailor and attendance at all court dates. The bail is subject to cancellation if the petitioner defaults on the conditions. The order reflects the Court’s assessment that the circumstances do not justify continued detention.
Issues considered
- What is the appropriateness of granting bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022?
- Do procedural deficiencies in the search and seizure process warrant bail?
- Does the period of pre‑trial custody affect the decision to grant bail?
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- illicit liquor
- prohibition law
- search and seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42922 of 2026
Arising Out of PS. Case No.-172 Year-2026 Thana- SUPPI District- Sitamarhi
======================================================
Dilip Paswan S/O Kisan Paswan Resident of Village- Barharwa, Wad no. 12,
P.S.- Suppi, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar, Adv.
For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP. for the State.
2. In the present case, the petitioner seeks bail in
connection with Suppi P.S. Case No. 172 of 2026, registered on
13.05.2026 for the offences under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution case, police received
information about two persons trading in illicit liquor. A raid
was conducted and petitioner and coaccused Kamal Paswan
were apprehended. From their possession, recovery of 105 litre
of country made Nepali liquor was made.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has been
falsely implicated in this case. Learned counsel further submits
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that nothing incriminating has been recovered from person or
possession of the petitioner. Recovery has been made from an
open place which is besides a road where the petitioner was
waiting for a vehicle but he was apprehended on suspicion.
There is no compliance of the mandatory provisions of search
and seizure. Petitioner is having antecedent of one case in which
he is on bail. The petitioner is in custody since 13.05.2026.
5. Learned A.P.P. appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
nature of recovery and period of custody of the petitioner, the
petitioner is directed to be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with
two sureties of the like amount each to the satisfaction of
learned Special Judge Exclusive Excise Court No. 01,
Sitamarhi/concerned court, in connection with Suppi P.S. Case
No. 172 of 2026, subject to the condition laid down under
Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
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each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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