Patna High CourtCR. MISC./31804/2026allowed

Upendra Paswan v. The State Of Bihar

2026-05-20Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31804 of 2026 Arising Out of PS. Case No.-84 Year-2026 Thana- Excise P.S. District- Araria ====================================================== Upendra Paswan, Son of Late Janglu Paswan, Resident of Village - Chaura Parawaha, Ward No. 14, P.S.- Forbesganj, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-05-2026 Heard the learned counsel for the petitioner and learned APP for the State through Video Conferencing.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 30(a) of Bihar Excise and Prohibition Act.

3. The case of the prosecution in brief is that, from a Tempo altogether 95 liters of country made liquor was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that, he is not concerned in anyway with the Tempo. It is also submitted that all the witnesses to the seizure list are police personnel, and the police have not complied the mandatory provisions of Section 105 of the B.N.S.S. While making the Seizure List, learned counsel of the petitioner has submitted that, petitioner is

Patna High Court CR. MISC. No.31804 of 2026(2) dt.20-05-2026 2/2 nearly a passer-by and Police has falsely implicated him in this case. It has further been submitted that petitioner is having one criminal antecedent of similar nature. He is in custody since 03.03.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of the regular bail.

6. Considering the aforesaid facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above-named petitioner is directed to be released on bail in connection with Araria Excise P.S. Case No. 84 of 2026 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Araria.

(Ashok Kumar Pandey, J) khushbu/- U T