Patna High Court
Shatrudhan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bihar Narcotic Substances Act — s. 318(4), 336(3), 338, 340(2)
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
Checking your session…