Patna High Court
Chandan Paswan @ Chhotu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is to be granted to the petitioner subject to a bond of Rs.15,000 and the conditions imposed by the Court.
Summary
Chandan Paswan was arrested in connection with the recovery of 230.14 litres of liquor from a motorcycle and a car, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that his name surfaced only through the statements of a co‑accused; he also denied ownership of the vehicle. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedent. The Court examined the length of custody, the lack of direct evidence, and the procedural lapse concerning non‑compliance with Section 103 of the B.N.S.S., 2023, and found these factors sufficient to justify bail. Consequently, the Court ordered the petitioner’s release on bail of Rs.15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
- Whether the procedural requirements of Section 103 of the B.N.S.S., 2023 have been complied with
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103
- criminal procedure
- excise law
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8521 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- Ramdas Rai Ka Dera District- Buxar
======================================================
Chandan Paswan @ Chhotu Paswan S/O Late Nirmal Paswan Resident of
village-Rajapur (Nav Rang Rai Ke Dera), Police Station- Ramdas Rai Ke
Dera, District- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Rai Sharma, Advocate
For the Opposite Party/s : Mr.Lakshmi Kant Sharma, 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 Ramdas Rai Ke Dera
P.S. case No. 35 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 230.14 liters
liquor was recovered from motorcycle and 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. The
petitioner was not arrested on spot. It is further submitted that
Patna High Court CR. MISC. No.8521 of 2026(2) dt.11-02-2026
2/3
the name of the petitioner has transpired on the basis of
disclosure made by apprehended co-accused. As per allegation,
the petitioner is owner of the car, however, the petitioner denies
the same. The petitioner is in custody since 09.01.2026 and has
got one 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 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 Ramdas Rai Ke
Dera P.S. case No. 35 of 2025 subject to the following
conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
Patna High Court CR. MISC. No.8521 of 2026(2) dt.11-02-2026
3/3
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.