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Patna High Court

Shatrudhan PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Shatrudhan Paswan, a driver, was arrested in connection with the seizure of illicit liquor from a vehicle and charged under Sections 318(4), 338, 336(3), 340(2) of the Bihar Narcotic Substances Act and Section 30 of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated because he neither owned the vehicle nor had any contraband in his personal possession, and he has no prior criminal record. The petitioner had been in custody since 8 August 2025 and a charge‑sheet had already been filed. The State opposed the bail application, but the court noted the lack of progress in the investigation and the petitioner’s clean antecedent. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, and the petitioner offered to pay Rs.5,000 to the Advocate Association as part of the process.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious charges under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act
  • Whether the petitioner’s role as driver, without ownership or possession of the seized liquor, warrants bail

Legislation cited

Subjects

  • bail
  • illicit liquor
  • driver
  • false accusation
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • surety bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76334 of 2025
                     Arising Out of PS. Case No.-91 Year-2025 Thana- NATIONAL HIGHWAY District-
                                                        Samastipur
                 ======================================================
                 Shatrudhan Paswan S/o- Late Krishna Paswan @ Krishn Paswan R/v-
                 Kothwara W.No-13, Ps- Dobhi Dist- Gaya
                                                                     ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anish Kumar
                 For the Opposite Party/s :      Mr.Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   24-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 318(4), 338, 336(3), 340(2)

                   of the B.N.S. and Section 30 of the Bihar Prohibition and Excise

                   Act.

                                3. Learned counsel for the petitioner has submitted

                   that the petitioner has falsely been made an accused in this case

                   showing recovery of illicit liquor only on account of the fact

                   that he is the driver of the vehicle from which recovery was

                   made. The petitioner is neither the owner of the seized vehicle

                   nor any incriminating article has been recovered from his

                   personal and conscious possession. Further, the petitioner is in

                   custody since 08.08.2025 with no criminal antecedent and
             Patna High Court CR. MISC. No.76334 of 2025(6) dt.24-02-2026
                                                         2/2




                       charge-sheet has already been submitted.

                                    5. Learned APP for the State has opposed the

                       application for bail.

                                        6. Taking into consideration the facts and

                       circumstances and also considering the fact that the petitioner

                       has remained in custody and there is no progress in the case and

                       has no criminal antecedent, let the above named petitioner, be

                       enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees

                       Ten Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned court below where the case is

                       pending/successor court in connection with N.H. Bangra P.S.

                       Case No. 91 of 2025.

                                        7. The petitioner, however, proposes to pay an

                       amount of Rs. 5000/- to the Advocate Association and a receipt

                       thereof would be produced before the court concerned at the

                       time of filing of the bail bonds.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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