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Patna High Court

Ganesh PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted in the case of an alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, subject to the stipulated bond, sureties, charitable donation, antecedent verification and attendance conditions.

Summary

Ganesh Paswan was arrested in connection with the recovery of 90 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, a clean antecedent and offered to donate Rs 25,000 to a charitable institution without pleading guilt. The State opposed bail. The High Court, after considering the submissions, granted bail on the condition of a Rs 10,000 bond with two sureties, a cumulative donation of Rs 25,000 to the Ramakrishna Mission, verification of the petitioner’s antecedent, and monthly attendance at the local police station. The order is limited to the bail application and does not prejudice the trial. The bail bonds will be accepted only upon verification of the donation receipt.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the conditions imposed – bond, sureties, charitable donation, antecedent verification and monthly police attendance – are lawful and appropriate.

Subjects

  • bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • surety
  • charitable donation condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25141 of 2026
                   Arising Out of PS. Case No.-27 Year-2026 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
                 Ganesh Paswan Son of Shankar Paswan Resident of Village- Gangapur Ward
                 No. 05, P.S.- Musrigharari, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashank Shekhar
                 For the Opposite Party/s :       Mr.Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Musrigharari P.S. Case No. 27 of 2026 registered for the offence

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

                   Excise Act.

                                3. As per the prosecution case, there is recovery of 90

                   litres of illicit liquor from the hut.

                                4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner is in custody since

                   18.02.2026 having clean antecedent.

                                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.25141 of 2026(2) dt.16-04-2026
                                            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 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

          Judge,     Excise-I,      Samastipur/concerned       Court   below   in

          connection with Musrigharari P.S. Case No. 27 of 2026.

                       8. This is also subject to the condition that the

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

          in Ramakrishna Mission Sevashrama, Swami Vivekanand Path,

          Bela, Muzaffarpur, Bihar-842002 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 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.
            Patna High Court CR. MISC. No.25141 of 2026(2) dt.16-04-2026
                                                        3/3




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

                      being released on bail is directed to mark his attendance at local

                      P.S. on first Sunday of each month. Any default in appearance at

                      the police station will result in cancellation of bail bonds of the

                      petitioner.

                                    11. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present bail

                      application and shall not prejudice the case of the petitioners at

                      any subsequent stage of the trial and this Court has not express

                      any opinion on the merits of the case.



                                                                           (Sandeep Kumar, J)
sanjeev/-

U       T


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