Patna High Court
Mosafir Paswan @ Musafir PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Mosafir Paswan was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 126.45 litres of liquor were recovered from an open place. The petitioner claimed he had no possession of the liquor, no incriminating material was found on him, and he was falsely implicated, though he had one prior criminal antecedent. The State opposed bail, while the petitioner argued that Section 103 of the BNSS, 2023, had not been complied with. The court considered the facts, the period of custody since 22‑11‑2025, and the lack of direct evidence against the petitioner. It decided to grant bail, ordering a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of custody, antecedents, and procedural compliance.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition act
- excise
- liquor seizure
- criminal procedure
- Section 30(a)
- Bihar
- antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90777 of 2025
Arising Out of PS. Case No.-174 Year-2025 Thana- KANHAULI District- Sitamarhi
======================================================
Mosafir Paswan @ Musafir Paswan S/o Late Guli Paswan Resident Of
Village- Orlahiya, P.S.- Kanhauli, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Kanhauli PS Case No. 174 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 126.45 liters
liquor was recovered.
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 submitted
that recovery is from an open place, which is accessible to one
Patna High Court CR. MISC. No.90777 of 2025(2) dt.12-01-2026
2/2
and all. The petitioner is in custody since 22.11.2025 and has
got one criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 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 Kanhauli PS Case
No. 174 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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