Patna High Court
Amit PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Amit Paswan, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 400 litres of liquor, two burning bhattis and 30 drums of fermented mahua recovered from a canal. The petitioner claimed innocence, stating no incriminating material was found in his possession, he had no prior criminal record, and the liquor was recovered from an open area accessible to all. The State opposed bail, while the petitioner’s counsel highlighted the lack of direct evidence, clean antecedents, and the fact that Section 103 of the BNSS, 2023 had not been complied with. The court considered these factors, noting the petitioner had been in custody since 04‑12‑2025, and decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties of the same amount, subject to the satisfaction of the lower court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case, custody period, and clean antecedent.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- clean antecedent
- Section 30(a)
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4329 of 2026
Arising Out of PS. Case No.-7 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Amit Paswan S/O Late Ganauri Paswan R/O Village -Bhadeja, P.S.- Muffasil,
District -Gaya jee.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushp Raj Singh, Advocate
For the Opposite Party/s : Ms. Asha Kumari, 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
Muffasil PS Case No. 07 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 400 liters
liquor was recovered from canal. It is also alleged that there is
recovery of two burning bhatti and 30 drums fermented mahua
from the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.4329 of 2026(2) dt.27-01-2026
2/2
no concern with the alleged recovery of liquor. It is submitted
that recovery is from an open place, which is accessible to one
and all. The petitioner is in custody since 04.12.2025 and has
got no criminal antecedent/s. There is no compliance of Section
103 of the BNSS, 2023.
5. Learned A.P.P. 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, clean antecedent of the petitioner and 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 on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Muffasil PS Case
No. 07 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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