Patna High Court
Vikash Kumar @ Bikash Paswan @ Vikash Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner despite the alleged offences.
Summary
The petitioner, Vikash Kumar Paswan, was arrested in connection with a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act after 123 litres of illicit liquor were recovered from a vehicle he was driving. He claimed he was unaware of the liquor and had no direct possession, asserting innocence despite having a prior criminal antecedent. The prosecution opposed bail, arguing the seriousness of the offence and lack of compliance with Section 103 of the BNSS, 2023. The court examined the facts, the petitioner’s claim of ignorance, and the period of custody, and found no material directly linking him to the contraband. Consequently, the court granted bail on the condition of a Rs.15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the BNSS, 2023, bars the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise law
- illegal liquor
- criminal procedure
- Section 103 BNSS
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4554 of 2026
Arising Out of PS. Case No.-1614 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Vikash Kumar @ Bikash Paswan @ Vikash Kumar Paswan S/O Rajnath
Paswan R/O Village- Manika, P.S- Manika, Distt.- Latehar (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate
For the Opposite Party/s : Mr. Nityanand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard Mr. Jitendra Kumar, learned counsel for the
petitioner and Mr. Nityanand Tiwary, learned APP for the State.
2. The petitioner seeks bail in connection with Gaya
Sadar PS Case No. 1614 of 2025 instituted for the offences
under Section/s 30(a) & 32(3) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 123 liters
liquor was recovered from car.
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
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.4554 of 2026(2) dt.27-01-2026
2/2
that name of the petitioner has surfaced in this case as being
driver of the vehicle in question and he was oblivious of the fact
that illicit liquor was laden in the vehicle. The petitioner is in
custody since 30.12.2025 and has got one 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 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 Gaya Sadar PS Case
No. 1614 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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