Patna High Court

Sudhir PaswanversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond and sureties under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Sudhir Paswan, the owner of a tempo, feared arrest in a case (PS No. 621 of 2025) alleging possession of 350 litres of illicit liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was unaware of the liquor being loaded, had no criminal antecedent, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, thus no prima facie case existed. The State opposed his bail application. The court considered these submissions and, noting the lack of direct evidence against him, ordered that he be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the prosecution complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, thereby establishing a prima facie case.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
liquor offence
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 482(2)
Section 103
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90515 of 2025
                      Arising Out of PS. Case No.-621 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Sudhir Paswan son of Noka Lal Paswan R/O- Dusadhi Paktri, P.S.-
                 Kankarbagh, Distt- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Jiban Pd Singh, Advocate
                 For the Opposite Party/s :       Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Gaurichak PS Case No. 621 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 total 350

                   litres of liquor was recovered from Tempo.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case as being owner

                   of the tempo in question and he was not aware that illicit liquor

                   was loaded in the Tempo. The petitioner has got no concern with
           Patna High Court CR. MISC. No.90515 of 2025(2) dt.19-01-2026
                                                       2/2




                     the alleged recovery of liquor. The petitioner has no criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel

                     for the petitioner, therefore, contends that prima-facie no case is

                     made out against the petitioner. Other co-accused has been

                     granted bail by this Court vide order dated 10.11.2025, passed in

                     Cr. Misc. No. 75115 of 2025.

                             5.      Learned APP 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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory 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 Gaurichak PS Case

                     No. 621 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

Continue reading with your account

Checking your session…