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Patna High Court

Manoj Paswan @ Manoj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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