Patna High Court
SHAMBHU PASWANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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