Patna High Court
Dharmendra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Dharmendra Paswan, was implicated in the seizure of 200 litres of illicit country-made liquor from a tempo, after the driver of the vehicle identified him as the owner. He argued that he had no possession of the liquor, was not arrested on the spot, and that the seized vehicle and liquor did not belong to him, seeking bail. The State opposed the bail application. The court examined the facts, the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, and the petitioner’s custody since February 2026, and decided to grant bail with stringent conditions, including surety bonds, regular court appearances, and restrictions on tampering with evidence. The order also stipulated that a blood relative must act as one of the bailors and that failure to appear could lead to cancellation of bail. The bail was thus granted subject to these conditions.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the circumstances of the seizure and the petitioner's alleged involvement justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24942 of 2026
Arising Out of PS. Case No.-2957 Year-2025 Thana- Excise P.S. District- East Champaran
======================================================
Dharmendra Paswan, Son of Vinod Paswan, R/o village Bariyarpur, P.S.-
Chhatauni, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar II, Adv.
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Trial No. 147 of 2026 arising out of Excise P.S. Case No.
2957 of 2025 dated 31.12.2025 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act, 2016.
3. The allegation is of recovery of 200 litres
country made liquor from a Tempo bearing Registration No.
BR05PB-8904. One person was arrested on the spot,
claiming to be driver of the said Tempo, who disclosed the
name of the petitioner.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
Patna High Court CR. MISC. No.24942 of 2026(2) dt.16-04-2026
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this case. It is submitted that nothing has been recovered
from conscious possession of the petitioner. He has not been
arrested on the spot. It is further submitted that the driver of
the said Tempo was apprehended on the spot, who disclosed
the name of the petitioner. Further, it is submitted that the
seized Tempo and illicit liquor does not belong to the
petitioner. The petitioner is in custody since 06.02.2026,
having five criminal cases against him and charge-sheet has
been submitted in the case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner 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
Special Excise Court No. 2, East Champaran at Motihari in
connection with Trial No. 147 of 2026 arising out of Excise
P.S. Case No. 2957 of 2025, subject to the following
conditions:-
1. Petitioner shall co-operate in the trial and
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shall be properly represented on each and every
date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood
relation, preferably father, mother, brother, sister
and or his wife.
3. The bailor shall also state on affidavit that
he will inform the court concerned if the petitioner
is made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence
or the witnesses, in that case, the prosecution will
be at liberty to move for cancellation of bail.
5. The petitioner within two weeks of his
release from custody shall appear before the S.H.O.
of his local area alongwith a copy of this order and
shall appear every fortnightly to mark his
attendance till the framing of charge in the trial
court.
(Khatim Reza, J)
prabhat/-
U T
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