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Patna High Court

Sanjay Kumar Paswan @ Sanjay PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                         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//-

U          T


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