Patna High Court
Premchand Paswan @ Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Premchand Paswan, was arrested in connection with a case alleging possession of 400 litres of illicit country-made liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s evidence consisted of the liquor recovered from a public canal, with no material found in the petitioner’s possession. The petitioner contended that he was falsely implicated, had no involvement in the recovery, and that the required compliance under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was lacking. The State opposed bail, but the court considered the lack of direct incriminating evidence, the public nature of the recovery site, and the period of custody already served. 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 petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- illicit liquor
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- public recovery site
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4708 of 2026
Arising Out of PS. Case No.-7 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Premchand Paswan @ Ranjan Kumar S/O Ramswarup 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 : Mrs. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Muffasil
P.S. Case No. 07/2025 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 400 litres
of illicit country-made liquor has been recovered near aahar
(canal).
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
Patna High Court CR. MISC. No.4708 of 2026(2) dt.28-01-2026
2/2
people disclosed the name of the petitioner. The petitioner has
got no concern with the alleged recovery of liquor. The
petitioner is in custody since 04.12.2025 and has two 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 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 Muffasil P.S. Case
No. 07/2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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