Patna High Court

Manoj Paswan @ Manoj KumarversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court granted bail to the petitioner subject to a bond and conditions under Section 482(2) of the Code of Criminal Procedure.

Summary

Manoj Paswan applied for bail in a criminal case under Section 30(a) of the Bihar Excise Act, alleging that the alleged seizure of 22 litres of liquor was made from a third person, Sudhir, with whom he has no connection. The petitioner highlighted that he was not apprehended at the scene, has no conscious possession of the liquor, and has been in custody since 10 February 2026 despite having five prior cases, four of which are also under the Excise Act. The State opposed bail, but the court considered the lack of direct evidence linking the petitioner to the liquor and his willingness to cooperate. The court ordered his release on bail upon furnishing a bond of Rs. 5,000 with two sureties, subject to conditions under Section 482(2) of the Code of Criminal Procedure. The bail was granted to ensure the petitioner’s participation in the trial while safeguarding his liberty.

Issues considered

Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Excise Act given the circumstances of alleged possession and prior criminal history.

Legislation cited

Code of Criminal Procedure — s. 482(2)

Subjects

bail
excise law
Section 30
criminal procedure
pre‑trial detention
possession
court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15794 of 2026
                       Arising Out of PS. Case No.-406 Year-2025 Thana- ALOULI District- Khagaria
                 ======================================================
                 Manoj Paswan @ Manoj Kumar S/O Late Ramotar Paswan Resident of
                 Village- Rampur, Alauli Ward No. 6, P.S- Alauli, District- Khagaria.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Santosh Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases out of which four cases

                   are under the Excise Act and allegation is of recovery of 22

                   liters of liquor from possession of Sudhir.

                                4. Learned      counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from Sudhir with whom petitioner has no concern or

                   relation and he came to be implicated based on secret
            Patna High Court CR. MISC. No.15794 of 2026(2) dt.16-04-2026
                                                        2/2




                      information which is the easiest way to implicate someone. It is

                      also submitted that once an accused is implicated in a case

                      relating to excise, the police starts implicating mechanically

                      either at the instance of Chowkidar, local person, confessional

                      statement or secret information without holding a proper

                      investigation. It is next submitted that petitioner is in custody

                      since 10.02.2026. It is further submitted that if privilege of bail

                      is granted, the petitioner will not abscond rather will cooperate

                      in the trial to prove his innocence.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, is

                      directed to be released on bail on furnishing bail bonds of Rs.

                      5000/- (Rupees Five Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Trial Court where

                      the case is pending/successor court in connection with Alauli

                      P.S. Case No. 406 of 2025 subject to the conditions as laid down

                      under Section 482 (2) of the BNSS.


                                                              (Satyavrat Verma, J)

Rishabh/-
U      T

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