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Patna High Court

Anil PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

Anil Paswan was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 51.750 litres of liquor were recovered from his jointly occupied house. The petitioner contended that he had no knowledge of the liquor, no incriminating material was found in his personal possession, and that he was falsely implicated, though he has one prior criminal antecedent and had been in custody since 13‑12‑2025. The State opposed bail, arguing the seriousness of the offence and the lack of compliance with Section 103 of the BNSS, 2023. The Court examined the facts, the duration of custody, and the petitioner’s claim of innocence, and found no compelling reason to deny bail. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the seizure of liquor from a jointly occupied house.
  • Whether the prior criminal antecedent and the period of custody justify denial of bail.
  • Whether the procedural requirement of Section 103 of the BNSS, 2023 has been complied with.

Legislation cited

Subjects

  • bail
  • excise
  • liquor seizure
  • criminal procedure
  • prior antecedent
  • Section 30(a)
  • Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.4577 of 2026
                       Arising Out of PS. Case No.-533 Year-2025 Thana- Excise P.S. District- Rohtas
                 ======================================================
                 Anil Paswan S/O Late Laxman Paswan R/O Village - Indrapuri, Ward No.- 3,
                 P.S- Tilauthu, District- Rohtas

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ashwani Kumar Tiwary, Advocate
                 For the Opposite Party/s :         Mr. Gauri Shankar Gupta, 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

                   Sasaram Excise PS Case No. 533 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 51.750 liters

                   liquor was recovered from the house of the petitioner.

                           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.4577 of 2026(2) dt.27-01-2026
                                                       2/2




                     that recovery is made from the joint house of the petitioner,

                     where other family members also reside. The petitioner is in

                     custody since 13.12.2025 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 Sasaram Excise PS

                     Case No. 533 of 2025.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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