Patna High Court
Amarnath Paswan @ Amar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Amarnath Paswan, manager of a poultry farm in Madhubani, was arrested after 697.725 liters of liquor were recovered from his premises and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner pleaded innocence, arguing that no incriminating material was found in his personal possession and that his name was linked to the case only through secret information in the FIR. He also highlighted that there was no compliance with Section 103 of the Bihar Narcotic Substances (B.N.S.S.) Act, 2023, and that he had been in custody since 25‑11‑2025 with one prior criminal antecedent. The State opposed the bail application. Considering the submission of the charge‑sheet, the period of custody already served, and the circumstances of the case, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the charge‑sheet, custody period, and prior antecedent
- Whether non‑compliance with Section 103 of the B.N.S.S., 2023 precludes bail
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- custody
- antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9024 of 2026
Arising Out of PS. Case No.-183 Year-2025 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Amarnath Paswan @ Amar Paswan S/o- Late Rampujan Paswan Village-
Belmohan PS-Phulparas Distt- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha, Advocate
For the Opposite Party/s : Mr.Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in G.O. No. 592 of 2025
arising out of Excise Jhanjharpur P.S. case No. 183 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 697.725 liters
liquor was recovered from poultry farm of the petitioner.
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.9024 of 2026(2) dt.12-02-2026
2/2
further submitted that the name of the petitioner has transpired
on the basis of secret information as per F.I.R. The petitioner is
the Manager of the poultry farm. Charge-sheet has been
submitted in this case. The petitioner is in custody since
25.11.2025 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, charge-sheet being submitted 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 G.O. No. 592 of
2025 arising out of Excise Jhanjharpur P.S. case No. 183 of
2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
Checking your session…