Patna High Court
Lal Mohan PaswanversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioners subject to bond, surety, and attendance conditions.
Summary
The petitioners, Lal Mohan Paswan and Maharana Rai, were arrested in connection with the recovery of approximately 4.32 liters of illicit liquor each, under section 30(a) of the Bihar Prohibition & Excise Act. They have been in custody since 25 January 2026 and claim a clean antecedent, asserting that they have been falsely implicated and that no incriminating article was recovered from them. The State opposed their bail application. The Court, considering the quantity of liquor seized and the petitioners' clean record, allowed bail on the condition of a Rs.10,000 bond per petitioner, two sureties of equal amount, and mandatory attendance at the police station on specified Sundays. The Court also directed verification of the petitioners' antecedent before accepting the bonds and clarified that it made no comment on the merits of the underlying case.
Issues considered
- Whether bail should be granted to the accused under section 30(a) of the Bihar Prohibition & Excise Act considering the quantum of illicit liquor recovered.
- Whether the petitioners' claim of false implication and clean antecedent warrants bail.
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition & Excise Act
- criminal procedure
- false implication
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19863 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- EXCISE SONPUR District- Saran
======================================================
1. Lal Mohan Paswan S/O Late Babu Paswan R/O Vill.- Jadua @ Jadhua, P.s.-
Hajipur (Town), Dist.- Vaishali.
2. Maharana @ Maharana Rai S/O Sri Shiv Balak Ray @ Shiv Balak Rai R/O
Vill.- Jadua @ Jadhua, P.s.- Hajipur (Town), Dist.- Vaishali.
... ... Petitioners
Versus
The State Of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Baijnath Sah, Advocate
For the State : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Sonpur Excise P.S. Case No.05 of 2026 registered for the
offence under sections 30(a) of the Bihar Prohibition & Excise
Act.
3. It is alleged that about 17.640 liters of illicit
liquor has been recovered from the possession of petitioners and
other accused persons. Out of which, about 4.320 liters of illicit
liquor has been recovered from each of the petitioners.
4. The petitioners are in custody since
25.01.2026. They claim clean antecedent.
5. It has been submitted by learned counsel for
Patna High Court CR. MISC. No.19863 of 2026(2) dt.31-03-2026
2/3
the petitioners that the petitioners have falsely been implicated
in this case. He further submits that no any incriminating article
has been recovered from the petitioners.
6. Learned APP for the State has opposed the
prayer of the petitioner for grant of bail.
7. Considering the quantum of recovery of
illicit liquor and also the fact that the petitioners have clean
antecedent, this bail application is allowed.
8. Let the petitioners, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
each with two sureties of the like amount each to the satisfaction
of the concerned Court below, in connection with Sonepur
Excise P.S. Case No.05 of 2026.
9. This is also subject to the condition that the
petitioners, after being released on bail, are directed to mark
their attendance at Hajipur Town Police Station on first and
third Sunday of each month. Any default in appearance at the
police station will result in cancellation of bail bonds of the
petitioner.
10. As the petitioners claim to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioners, shall verify the antecedent of the petitioners. The
Patna High Court CR. MISC. No.19863 of 2026(2) dt.31-03-2026
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bail bonds of the petitioners shall only be accepted by the court
below if it is found that they have clean antecedent.
11. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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