Patna High Court

Amresh PaswanversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail was granted to the petitioner subject to monetary, surety, charitable donation, attendance, and antecedent verification conditions.

Summary

Amresh Paswan was arrested in connection with the seizure of 240 litres of country-made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, asserted that the vehicle did not belong to him, and highlighted his clean criminal record. He offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed bail, but the court, after considering the circumstances, ordered his release on bail upon furnishing a Rs. 10,000 bond with two sureties, depositing the charitable amount, and complying with attendance and antecedent verification conditions. The bail order was made subject to verification of his clean antecedent and compliance with the stipulated conditions.

Issues considered

Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act for possession of illicit liquor.

Subjects

bail
prohibition law
excise
illegal liquor
criminal procedure
surety
charitable donation
antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20138 of 2026
                          Arising Out of PS. Case No.-15 Year-2026 Thana- PIPRA District- Patna
                 ======================================================
                 Amresh Paswan S/O Mudrika Paswan Resident of village - Kanhiya Nagar ,
                 Behind Khoida Imli Mazar, P.s- Phulwari Sharif, Dist.- Patna

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Bihari Singh, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Pipra

                   P.S. Case No. 15/2026 dated 24.02.2026 for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                 3. The recovery is of 240 litres of country-made liquor

                   from the car.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 24.02.2026 and

                   has got no criminal antecedent. The car does not belong to the

                   petitioner.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.20138 of 2026(2) dt.01-04-2026
                                            2/3




          organization without accepting his guilt.

                       6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                       7. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioner, let the

          petitioner, above named, be released on hail upon 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 Excise Judge-II, Patna in connection with Pipra P.S.

          Case No. 15/2026.

                       This is also subject to the condition that the petitioner

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

          Ashrama, Ramakrishna Avenue, Patna, Bihar 800 004, 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.

                       As a condition of this order, the petitioner after being

          released on bail is directed to mark his attendance at

          Phulwarisharif Police Station on first Sunday of each month.

          Any default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                       As the petitioner claims to have clean antecedent, the
             Patna High Court CR. MISC. No.20138 of 2026(2) dt.01-04-2026
                                                         3/3




                       Court below, before accepting the bail bonds of the petitioner is

                       directed to verify the antecedent of the petitioner. If the

                       petitioner is found to be involved in any other case then the bail

                       bonds of the petitioner shall not be accepted.



                                                   (Sandeep Kumar, J)
atul/-

U        T

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