Patna High Court

Awadh PaswanversusThe State of Bihar

Decided: 16 March 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The Court granted regular bail to the petitioner, subject to monetary and procedural conditions.

Summary

The petitioner, Awadh Paswan, was arrested in connection with the seizure of 70 litres of illicit country-made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition of Excise Act. He claimed innocence, asserted that he had been falsely implicated, and disclosed seven prior criminal antecedents while seeking regular bail. The prosecution opposed the bail application. The Court, after considering the facts, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of equal amount, deposit Rs.25,000 with a charitable organization, and verify his clean antecedent. Additional conditions included weekly attendance at the Gopalpur Police Station and verification of the charitable donation receipt. The bail was granted subject to compliance with these conditions.

Issues considered

Whether regular bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition of Excise Act considering the nature of the offence and his antecedents.

Subjects

bail
excise
illicit liquor
Section 30(a)
Bihar Prohibition of Excise Act
criminal antecedent
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17449 of 2026
                       Arising Out of PS. Case No.-560 Year-2025 Thana- GOPALPUR District- Patna
                 ======================================================
                 Awadh Paswan S/o Late Manu Paswan R/o Village- Bairia, PS- Gopalpur,
                 Distt- Patna
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prem Kumar Paswan, Advocate
                 For the Opposite Party/s :       Mr.Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-03-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Gopalpur P.S. Case No. 560/2025 registered for the offences

                   punishable under Section 30(a) of Bihar Prohibition of Excise

                   Act.

                                3. As per the prosecution case, 70 litres of illicit

                   country-made liquor was recovered from the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent has falsely been implicated in the present

                   case. Learned counsel further submits that petitioner has seven

                   criminal antecedents and he is in custody since 29.12.2025. The

                   petitioner undertakes to co-operate in the case/ trial.

                                5. Learned counsel for the petitioner also submits that

                   the petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.17449 of 2026(2) dt.16-03-2026
                                            2/3




          organization without accepting his guilt

                       6. Learned APP for the State has opposed the prayer

          for regular bail of the petitioner.

                       7. Considering the facts and circumstances of the

          case, this application for regular bail is allowed.

                       8. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Exclusive Special Court Excise-2,

          Patna /concerned Court below in connection with Gopalpur P.S.

          Case No. 560 of 2025.

                       9. This is also subject to the condition that the

          petitioner     shall    deposit      an    amount    of   Rs.25,000/-   in

          Ramakrishna Mission Ashrama, Nala Road, Patna and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                       10. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the

          petitioner that he has clean antecedent. The bail bonds of the

          petitioner shall only be accepted if it is found that he has clean

          antecedent.
              Patna High Court CR. MISC. No.17449 of 2026(2) dt.16-03-2026
                                                          3/3




                                     11. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at

                        Gopalpur Police Station, District- Patna on every Sunday of the

                        month. Any default in appearance at the Police Station will

                        result in cancellation of bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T

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