Patna High Court

Haresh paswanversusThe State of Bihar

Decided: 7 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted regular bail to the petitioner subject to specified conditions.

Summary

The petitioner, Haresh Paswan, was arrested in connection with the recovery of 750 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 16 February 2026 and claimed to have a clean antecedent. He applied for regular bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The High Court, after hearing both sides, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties of the same amount, deposit Rs. 25,000 with the Ramakrishna Mission Ashram, and attend the Nayagaon Police Station on the first and third Sundays of each month. The court also directed verification of the petitioner’s antecedent before accepting the bail bonds and clarified that the order was limited to the bail application and did not prejudice the trial.

Issues considered

Whether regular bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act for possession of illicit liquor
What conditions are appropriate for granting bail in such a case

Subjects

bail
regular bail
Bihar Prohibition and Excise Act
illicit liquor
criminal procedure
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21696 of 2026
                       Arising Out of PS. Case No.-72 Year-2026 Thana- DIGHWARA District- Saran
                 ======================================================
                 Haresh paswan son of Ramdayal Paswan Village -Kasturi chak Ps -Nayagaon
                 District- Saran AT chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Chandra Mohan Jha
                 For the Opposite Party/s :       Mr.Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-04-2026                   Heard the parties.

                                2. The petitioner seeks regular bail in connection with

                   Dighwara P.S. Case No. 72 of 2026 registered for the offence

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The recovery is of 750 liters of illicit liquor.

                                4. The petitioner is in custody since 16.02.2026 and

                   he claims to have clean antecedent.

                                5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   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
Patna High Court CR. MISC. No.21696 of 2026(2) dt.07-04-2026
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          the petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned concerned

          Court below in connection with Dighwara P.S. Case No. 72 of

          2026.

                        8. This is also subject to the condition that the

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

          Ramakrishna Mission Ashram, Latu Maharaj Path, Chhapra 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.

                       9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Nayagaon 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 petitioner claims to have clean antecedent,

          the 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.

                       11. It is, however, clarified that the observations made
          Patna High Court CR. MISC. No.21696 of 2026(2) dt.07-04-2026
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                    herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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