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Patna High Court

Lal Mohan PaswanversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                      3/3




                    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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