Patna High Court
Santosh Kumar Paswan @ Santosh Kumar PaspanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding insufficient direct evidence and procedural lapses.
Summary
Santosh Kumar Paswan was arrested in connection with a case involving the illegal possession of 1096.38 liters of liquor and a country‑made pistol, alleged to have been recovered from the house of co‑accused Ajit Kumar Kamti. The petitioner claimed innocence, stating that no incriminating material was found in his possession, he was not present at the scene, and he has no prior criminal record. The prosecution opposed bail, while the petitioner’s counsel highlighted the lack of direct evidence and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these circumstances and the period of custody already endured, the Court decided to grant bail. The petitioner was ordered to be released on furnishing a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged recovery of liquor and a pistol from the co‑accused’s premises.
Legislation cited
- Arms Act — s. 25(1-b)a, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- prohibition act
- arms act
- procedural lapse
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6603 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- GHANSHYAMPUR District- Darbhanga
======================================================
Santosh Kumar Paswan @ Santosh Kumar Paspan S/o Rajendra Paswan R/o
Vill- Ghanshyampur, P.S - Ghanshyampur, District - Darbhanga, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Anant Kumar 1, A.P.P.
======================================================
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
Ghanshyampur P.S. Case No. 01 of 2026, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act and Section 25(1-b)a, 35 of the Arms Act.
3. The prosecution case, in short, is that total 1096.38
liters liquor and one country made pistol were recovered from
the house of co-accused.
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. The alleged
Patna High Court CR. MISC. No.6603 of 2026(2) dt.02-02-2026
2/2
recovery of liquor and country made pistol has been made from
the house of co-accused Ajit Kumar Kamti. The petitioner was
not present at the place of occurrence. The name of the
petitioner has been disclosed by the local Chowkidar. The
petitioner is in custody since 02.01.2026 and has got no criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarik 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 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Ghanshyampur P.S.
Case No. 01 of 2026.
(Rudra Prakash Mishra, J)
manish/-
U T
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