Patna High Court
Sanjay Kumar Paswan @ Sanjay PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Sanjay Kumar Paswan, was arrested on 23 April 2026 in connection with an excise case involving the alleged seizure of 110 litres of illicit country-made liquor under Section 30(a) of the Bihar Prohibition & Excise Act. He contended that he had no conscious possession of the liquor or the motorcycle involved and was implicated solely on suspicion. The State opposed bail, noting a similar pending case but also acknowledging that the petitioner was already on bail in that matter. The court examined the lack of direct evidence linking the petitioner to the seized liquor and considered the principle that bail may be granted when the accusation is based merely on suspicion. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, imposing conditions regarding cooperation, presence, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted in an excise case where the accused lacks conscious possession of the seized illicit liquor and the charge is based on suspicion.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- Section 30(a)
- Bihar Prohibition & Excise Act
- criminal procedure
- suspicion
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37445 of 2026
Arising Out of PS. Case No.-216 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
Sanjay Kumar Paswan @ Sanjay Paswan S/o Sri Bhagwan Paswan Resident
of Village- Khadihan, P.S - Baddi, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Mr. Shashi Kant, learned counsel for the
petitioner and Mr. Suman Kumari Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
23.04.2026, in connection with Excise Case No. 1128 of 2026
read with Sasaram Excise Case No. 216 of 2026, F.I.R. dated
22.04.2026 registered for the offences punishable under Section
30(a) of Bihar Prohibition & Excise Act.
3. Recovery is of 110 litres of illicit country made
liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.37445 of 2026(2) dt.16-06-2026
2/3
conscious possession of the petitioner rather recovery has been
made from the place of occurrence and petitioner has been made
accused in the present case merely on the basis of suspicion and
petitioner has no concern at all with the alleged recovery of
illicit liquor or the motorcycle in question. The petitioner is in
custody since 23.04.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries one more case
of similar nature other than the present one but fairly submits on
the basis of paragraph-3 of the bail petition that the petitioner is
on bail in the pending matter.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Excise Court
No.1, Rohtas at Sasaram in connection with Excise Case No.
1128 of 2026 read with Sasaram Excise Case No. 216 of 2026,
subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.37445 of 2026(2) dt.16-06-2026
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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