Patna High Court
Munna PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Munna Paswan was arrested in connection with a case alleging possession of 150 litres of liquor, charged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act and Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case rested on the recovery of liquor from a jute sack in an open area, while the petitioner contended that he had no direct possession of the liquor and was falsely implicated. He pointed out the lack of incriminating material on his person, the open‑place recovery, his single prior criminal antecedent, and the State’s failure to comply with Section 103 of the BNSS. The court noted that a co‑accused had already been granted bail and, considering the circumstances and the period of custody, decided to grant bail to the petitioner. He was released on a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) & 41 of the Bihar Prohibition and Excise Act and Sections 274 & 275 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the State complied with the procedural requirements of Section 103 of the Bharatiya Nyaya Sanhita, 2023 in the bail application.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 103
- liquor seizure
- East Champaran
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91601 of 2025
Arising Out of PS. Case No.-358 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Munna Paswan S/o Late Phulena Paswan R/o Village - Daroga Tola, P.S -
Banjariya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, 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 seeks bail in connection with
Banjariya PS Case No. 358 of 2025 instituted for the offences
under Section/s 30(a) & 41 of the Bihar Prohibition and Excise
Act and Sections 274 & 275 of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that 150 liters
liquor was recovered from jute sack.
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
Patna High Court CR. MISC. No.91601 of 2025(2) dt.19-01-2026
2/2
no concern with the alleged recovery of liquor. It is submitted
that recovery is from an open place, which is accessible to one
and all. The petitioner is in custody since 20.11.2025 and has
got one criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023. Other co-accused has been
granted bail by this Court vide order dated 04-11-2025, passed
in Cr. Misc. No. 75635 of 2025.
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 Banjariya PS Case
No. 358 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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