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Patna High Court

Ankesh Kumar Paswan @ Amkesh Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner.

Summary

The petitioner, Ankesh Kumar Paswan, was arrested in connection with a case involving the seizure of 406.740 liters of liquor from a car, charged under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely a passenger, had no knowledge of the contraband, and that no incriminating material was found in his possession. The petitioner also highlighted his clean criminal record and the fact that he had been in custody since 22‑12‑2025, arguing that the requirements of Section 103 of the B.N.S.S. were not met. The State opposed bail, but the Court, considering the petitioner’s clean antecedent and the circumstances, decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s status as a passenger and lack of incriminating material justify bail.
  • Whether non‑compliance with Section 103 of the Bharatiya Nyaya Sanhita precludes bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • liquor seizure
  • prohibition law
  • innocent passenger
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7771 of 2026
                      Arising Out of PS. Case No.-175 Year-2025 Thana- BHAIRAVSHTHAN District-
                                                       Madhubani
                 ======================================================
                 Ankesh Kumar Paswan @ Amkesh Kumar Paswan Son of Harilal Paswan
                 Resident of Village - Menka, P.S. - Sarai Ranjan, Dist - Samastipur.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anish Kumar, Advocate
                 For the Opposite Party/s :      Mr.Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Bhairavsthan P.S. case

                   No. 175 of 2025 instituted for the offences under Sections 274,

                   275, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 30(a)

                   of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 406.740 liters

                   liquor was recovered from car.

                               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. It is
           Patna High Court CR. MISC. No.7771 of 2026(2) dt.11-02-2026
                                                       2/2




                     further submitted that petitioner was sitting as passenger in the

                     car and he had no knowledge regarding the nature of goods kept

                     in vehicle. The petitioner is in custody since 22.12.2025 and has

                     got no criminal antecedent. There is no compliance of Section

                     103 of B.N.S.S., 2023.

                                 5. Learned A.P.P. 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, clean antecedent                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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Bhairavsthan P.S.

                     case No. 175 of 2025.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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