Patna High Court
Pramod PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to specified monetary and attendance conditions.
Summary
Petitioner Pramod Paswan was arrested in connection with the recovery of ten litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act (Amendment). He claimed innocence, had been in custody since 9 March 2026, and offered to donate Rs.25,000 to a charitable organization. The State opposed bail, citing five prior criminal convictions. The court, after considering the submissions, granted bail on the condition of a Rs.10,000 bond with two sureties, a Rs.25,000 donation to Ramakrishna Math, monthly police‑station attendance, and automatic cancellation if he is later implicated in any Excise or NDPS offence. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act (Amendment).
- Whether the petitioner’s five prior criminal antecedents preclude the grant of bail.
- What conditions, if any, may be imposed on bail in such a case.
Subjects
- bail
- prohibition law
- illicit liquor
- criminal antecedent
- conditions of bail
- Bihar
- excise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27480 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- MAHISHI District- Saharsa
======================================================
Pramod Paswan S/o Sarjan Paswan Resident of Village - Teghra, P.s. -
Mahishi, District - saharsa.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rashmi Jha
For the Opposite Party/s : Mr.Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Mahishi P.S. Case No. 66 of 2026 registered for the offence
under Section 30(a) of the Bihar Prohibition and Excise
Act(Amendment).
3. The recovery is of 10 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 09.03.2026.
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 by submitting that the petitioner
Patna High Court CR. MISC. No.27480 of 2026(2) dt.28-04-2026
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has 5 criminal antecedent.
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 concerned
Court below in connection with Mahishi P.S. Case No. 66 of
2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Bhatta Bazar, Purnea 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
Mahishi Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
10. It is made clear that if the petitioner, in future,
is found to be involved in any other case registered under the
provisions of Excise/NDPS Act then his bail bonds shall
Patna High Court CR. MISC. No.27480 of 2026(2) dt.28-04-2026
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automatically be cancelled.
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 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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