Patna High CourtCR. MISC./2534/2026bail granted

Sikindar Paswan v. The State Of Bihar

2026-01-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2534 of 2026 Arising Out of PS. Case No.-1387 Year-2025 Thana- Excise P.S. District- Sitamarhi ====================================================== Sikindar Paswan S/o- Late Gena Paswan Resident of village- Kapraul (Siroman) ward No- 11, PS- Riga Dist- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ayush Kumar, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sitamarhi Excise PS Case No. 1387 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 616.875 liters of foreign liquor was recovered from the sumo 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. Learned counsel for the petitioner submits that the recovery has been made from an open place which is accessible to one and all and the petitioner

Patna High Court CR. MISC. No.2534 of 2026(2) dt.19-01-2026 2/2 was implicated in this case by the police with ulterior motive. The petitioner is in custody since 14.11.2025 and has got one criminal antecedent. 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 Sitamarhi Excise PS Case No. 1387 of 2025.

(Rudra Prakash Mishra, J) Siddharth Soni/- U T