Patna High Court
Shatrudhan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
In the absence of any material establishing the petitioner’s complicity, the court granted bail under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Shatrudhan Paswan, sought bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly selling illicit liquor. The prosecution’s case was based on secret information and the identification of the petitioner by a local chowkidar, but no liquor or other incriminating material was recovered from him. The petitioner argued that he was falsely implicated, had no involvement with the recovered liquor, and possessed a clean antecedent. The State opposed the bail application. Considering the lack of material linking the petitioner to the offence, the court ordered his release on bail subject to conditions under Section 482(2) of the B.N.S.S. and a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner can be denied bail in the absence of any material linking him to the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner is a victim of false implication warranting bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- bail
- false implication
- illicit liquor
- Section 30
- Section 482
- Criminal Procedure
- Prohibition law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24949 of 2026
Arising Out of PS. Case No.-275 Year-2025 Thana- PANDAUL District- Madhubani
======================================================
Shatrudhan Paswan S/o- Late Satto Paswan @ Santo Paswan, R/o Vill-
Salempur, P.S- Pandaul, District -Madhubani.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Ms. Kumari Pallavi, Advocate
For the State : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Pandaul P.S. Case
No. 275 of 2025, dated 07.12.2025, registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per prosecution case, during patrolling duty
the police received secret information about the petitioner and
other co-accused persons selling illicit liquor after storing the
same in an orchard. A raid was conducted, but the miscreants
fled away from the spot and recovery of 31 litres of illicit
country made chulai liquor was made. The name of the
petitioner was disclosed by the local chowkidar.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.24949 of 2026(2) dt.24-04-2026
2/3
the petitioner is innocent and has falsely been implicated in this
case. Nothing incriminating has been recovered from the person
or possession of the petitioner. The petitioner has no concern
either with the allegedly recovered liquor or with the place from
where the said recovery has been made. The name of the
petitioner sprung up in the present case on the basis of
disclosure made by local chowkidar and petitioner is a victim of
false implication. Learned counsel lastly submits that petitioner
is having clean antecedent.
5. Learned APP opposes the submissions made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that no recovery has been shown from the petitioner and
further considering the absence of material to show the
complicity of the petitioner in the said occurrence, let the
petitioner, above-named, in the event of his arrest or surrender
before the Court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand Only) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Judge, Excise, Madhubani, in connection with Pandaul P.S.
Patna High Court CR. MISC. No.24949 of 2026(2) dt.24-04-2026
3/3
Case No. 275 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
Checking your session…