Patna High CourtCR. MISC./21023/2026allowed

Kashmir Paswan v. The State Of Bihar

2026-04-02Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21023 of 2026 Arising Out of PS. Case No.-6 Year-2026 Thana- NTPC KHAIRA District- Aurangabad ====================================================== Kashmir Paswan S/o Rampukar Paswan R/o Village- Ankuri, P.S- Paliganj, Dist- Patna, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Anand, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with NTPC Khaira P.S. Case No. 06 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that from a Tata pickup van, altogether 423 liters of illicit foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that nothing has been recovered from the possession of this petitioner, he is merely a driver of the said

Patna High Court CR. MISC. No.21023 of 2026(2) dt.02-04-2026 2/2 pick-up van. He further submits that the witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Moreover, the petitioner is languishing in judicial custody since 01.02.2026.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of one case of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Court-II, Aurangabad in connection with NTPC Khaira P.S. Case No. 06 of 2026.

(Ashok Kumar Pandey, J) Sudhanshu/- U