Dinesh Paswan Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36272 of 2026

Arising Out of PS. Case No.-1108 Year-2025 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur

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Dinesh Paswan Son of Late Chhotelal Paswan, Resident of village - Chausima, P.S.- Muzaffarpur Sadar, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Adv. For the Opposite Party/s : Ms. Renuka Ratnakar (APP 125) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 02-06-2026

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Heard learned Advocate for the petitioner and learned APP for the State through virtual mode.

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The petitioner apprehends his arrest in connection with Muzaffarpur Sadar P.S. Case No.1108 of 2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

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Acting on a tip-off regarding concealment of illicit wine, the police conducted a raid at the house of the petitioner. However, on noticing the police party, the petitioner succeeded in fleeing away. In the course of search, a total of 85 litres of country made liquor was recovered from the house of the petitioner.

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Learned Advocate for the petitioner submitted that

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Patna High Court CR. MISC. No.36272 of 2026(2) dt.02-06-2026 2/3

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the entire prosecution case falls to the ground for the simple reason that had the recovery been made from the house of the petitioner, there would have been signatures of any family members. But surprisingly, the seizure list witnesses are none else but the police personnel, and there is clear defiance of Section 103 of the BNSS. It is further contended that Section 105 of the BNSS clearly mandates that if a search and seizure is made, the same is to be done under videography, which has also not been followed. Hence, the entire search and seizure appears to be doubtful. The house of the petitioner is a joint family house where several persons reside, and in such circumstances the petitioner cannot be held responsible. It is also submitted that there is no ingredient which attracts the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016 (for short ‘the Act, 2016’).

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On the other hand, the learned Advocate for the State vehemently opposed the bail application and submitted that recovery of illicit wine from the house of the petitioner clearly bars anticipatory bail under the provisions of Section 76(2) of the Act, 2016.

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Having considered the submissions advanced by the learned Advocates for the respective parties, and taking note

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Patna High Court CR. MISC. No.36272 of 2026(2) dt.02-06-2026 3/3

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of the clear defiance of Sections 103 and 105 of the BNSS, besides the fair antecedent of the petitioner and also lack of cogent materials attracting the rigors provided under Section 76(2) of the Act, 2016, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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 Court, Excise-I, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No.1108 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.

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(Harish Kumar, J)

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rohit/-

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U T

Dinesh Paswan v. The State of Bihar

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Dinesh Paswan v. The State of Bihar

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