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Patna High Court

Pramod PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                      3/3




                    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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