Patna High Court
Ankesh Kumar Paswan @ Amkesh Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275, 3(5)
- Bihar Prohibition and Excise Act — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.