Patna High Court
Manoj Paswan @ Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that bail should be granted as the alleged offence does not involve the petitioner’s conscious possession and the bail conditions were satisfied.
Summary
Manoj Paswan applied for regular bail in a case (PS‑66/2026) under Section 30(a) of the Bihar Prohibition and Excise Act after 15 litres of illicit country‑made liquor was recovered from a bamboo orchard belonging to Kawal Ram. The petitioner claimed he was falsely implicated, arguing that the liquor was not found in his conscious possession and the recovery was from an open area accessible to anyone. He disclosed five prior criminal cases, four of which he was already on bail, and had been in custody since 10‑02‑2026. The State opposed the bail. Considering the facts, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, and the application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act given the nature of the alleged offence and his criminal antecedents
Subjects
- bail
- regular bail
- prohibition law
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18823 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- ALOULI District- Khagaria
======================================================
Manoj Paswan @ Manoj Kumar S/o- Late Ramotar Paswan Resident of
Rampur, Alauli, W.No-6, PS- Alauli District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar Singh
For the Opposite Party/s : Mr.Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Alauli P.S. Case No. 66
of 2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 15 litres of illicit
country made liquor was recovered from the Bamboo orchard of
one Kawal Ram.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. Nothing has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from an open place which is accessible to anyone. It is further
Patna High Court CR. MISC. No.18823 of 2026(2) dt.25-03-2026
2/2
submitted that the petitioner is stated to be one of the persons
who managed to flee from the place of occurrence. It is lastly
submitted that the petitioner has five criminal antecedents out of
which he is on bail in four cases and is in custody since
10.02.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Khagaria, in connection with Alauli
P.S. Case No. 66 of 2026.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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