Patna High Court

Bhola PaswanversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, subject to a monetary bond and specific conditions of appearance.

Summary

The petitioner, Bhola Paswan, applied for bail in a case (Ratanpur P.S. Case No. 90 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 20 litres of liquor were allegedly recovered from an e‑rickshaw. The petitioner claimed he was falsely implicated and that the incriminating article was not in his conscious possession, despite having been in custody since 26‑11‑2025 and possessing eleven prior criminal antecedents. The State opposed the bail, arguing the seriousness of the offence and lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, after considering the facts, the period of custody, and the petitioner's claim of non‑involvement, decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and the petitioner’s mandatory appearance at every trial date, with cancellation possible upon two consecutive defaults.

Issues considered

Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes bail.
Whether the petitioner’s claim of false implication and lack of possession of the liquor affects the bail decision.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
false implication
criminal antecedents
Section 30(a)
Section 103
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6217 of 2026
                       Arising Out of PS. Case No.-90 Year-2025 Thana- Ratanpur District- Begusarai
                 ======================================================
                 Bhola Paswan S/o- Shankar Paswan R/v- W.No-21, Teliya Pokhar Ps-
                 Ratanpur Dist- Begusarai



                                                                                     ... ... Petitioner/s
                                                         Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pritish Kumar Lal, Advocate
                 For the Opposite Party/s :        Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Ratanpur P.S. Case No. 90 of 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 20 litres

                   of liquor was recovered from E-rickshaw.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.6217 of 2026(2) dt.02-02-2026
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          incriminating article has been recovered from the conscious

          possession of the petitioner. Learned counsel further submitted

          that petitioner is in no manner connected with the vehicle in

          question or the alleged recovery of liquor. The petitioner is in

          custody since 26.11.2025 and has eleven 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, after framing

          of charge, if not already framed, 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 Ratanpur P.S. Case

          No. 90 of 2025, subject to the following conditions:

                        (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                        (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.6217 of 2026(2) dt.02-02-2026
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                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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