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Patna High Court

SHAMBHU PASWANversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Shambhu Paswan, a driver, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 80.910 litres of liquor were recovered from his auto. He contended that he was falsely implicated, that no contraband was found in his possession, that he was not the vehicle's owner and had no knowledge of the goods. The petitioner had been in custody since 12‑12‑2025 and possessed one prior criminal antecedent, and the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the lack of incriminating evidence against the driver and the procedural lapse, granted bail on a bond of Rs.15,000 with two sureties. The order released the petitioner pending further trial.

Issues considered

  • Whether bail should be granted to a driver accused under Section 30(a) of the Bihar Prohibition and Excise Act when no contraband is found in his possession.
  • Whether the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
  • Whether the petitioner’s claim of no knowledge of the goods loaded in the vehicle is sufficient to merit bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • driver
  • false implication
  • Section 30(a)
  • Section 103
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5183 of 2026
                        Arising Out of PS. Case No.-399 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
                 Shambhu Paswan Son Of Late Fuleshwar Paswan @ Late Fhuleshwar Paswan
                 Resident Of Village - Rautara, Ward No.- 6, P.S.- Rautara, District - Katihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pawan Kumar Singh, Advocate
                 For the Opposite Party/s :        Mrs. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Jokihat

                   P.S. Case No. 399/2025 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 80.910

                   litres of liquor was recovered from auto.

                               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. Learned counsel further submitted

                   that petitioner is not the owner of the vehicle. It is further

                   submitted that petitioner is the driver of the vehicle in question
             Patna High Court CR. MISC. No.5183 of 2026(2) dt.29-01-2026
                                                         2/2




                       but he had no knowledge regarding the goods loaded in the

                       vehicle. The petitioner is in custody since 12.12.2025 and has

                       one criminal antecedent. 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 Jokihat P.S. Case No.

                       399/2025.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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