Patna High Court
Surendra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner on the condition of a Rs.5,000 bond with two sureties.
Summary
Surendra Paswan was arrested in connection with the alleged recovery of 40 litres of liquor from a location behind Sanjay Manjhi's house, under Section 30(a) of the Bihar Excise Act. The petitioner claimed he had a clean record and was falsely implicated because the seized liquor did not belong to him, merely that he lived nearby. The State opposed bail, but the court considered the petitioner's clean antecedents and the claim of false implication. The court ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail was directed to be given to the trial court where the case is pending.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Excise Act
- Whether the petitioner’s claim of false implication and lack of ownership of the seized liquor warrants bail
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- Section 30(a)
- false implication
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31380 of 2026
Arising Out of PS. Case No.-98 Year-2026 Thana- PARSA District- Saran
======================================================
Surendra Paswan S/o Jagdish Paswan R/o village - Bahlolpur, P.s- Parsa ,
District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash
For the Opposite Party/s : Ms. Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 40 liters of liquor from a place behind the house of
Sanjay Manjhi.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case. It is
next submitted that the recovery was made from a place which
does not belong to the petitioner, but since he resides nearby,
hence, he came to be apprehended and is in custody since
Patna High Court CR. MISC. No.31380 of 2026(2) dt.15-05-2026
2/2
27.02.2026.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Parsa P.S.
Case No. 98 of 2026.
(Satyavrat Verma, J)
Rishabh/-
U T
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