Patna High Court

Santosh PaswanversusThe State of Bihar

Decided: 19 June 2026
Disposal: BAIL GRANTED
Bench: KUMAR MANISH

Holding

The court granted regular bail to the petitioner subject to specified conditions.

Summary

Santosh Paswan was arrested in connection with the recovery of 288 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution alleged his involvement based on secret information, while the petitioner claimed innocence, alleging political victimisation and lack of any incriminating material or prior criminal record. The petitioner’s counsel, Mr. Dwij Raj, sought regular bail, whereas the State’s counsel, Mr. Kanhiya Kishor, opposed it. The Hon'ble Justice Kumar Manish examined the facts and, noting the petitioner’s claim of innocence and absence of evidence linking him directly to the seized liquor, ordered his release on bail. Bail was conditioned on a Rs.10,000 bond, two sureties, a family member as one bailor, personal appearance in court, and a provision for cancellation if evidence or witnesses were tampered with.

Issues considered

Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Whether the circumstances of the arrest and alleged political victimisation justify granting bail.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)

Subjects

bail
prohibition law
excise
political victimisation
criminal procedure
Section 30
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38169 of 2026
                    Arising Out of PS. Case No.-143 Year-2026 Thana- MAJORGANJ District- Sitamarhi
                 ======================================================
                 Santosh Paswan Son of Jay Mangal Paswan Resident of Village- Dumri
                 Khurd, P.S.- Majorganj, District- Sitamarhi.
                                                                      ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dwij Raj
                 For the Opposite Party/s :       Mr.Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

2   19-06-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in a case registered for the

                   offence punishable under Sections 30(a) of Bihar Prohibition and

                   Excise Act, 2016.

                                3. As per the prosecution story, on secret information

                   there was recovery of 288 litres of liquor from bamboo grove near

                   Bhaluhinya High School. Out of ten offenders, four arrested, six

                   escaped.

                                4. It has been submitted on behalf of the petitioner that

                   the petitioner is innocent and he has falsely been implicated in this

                   case.     It has further been submitted that there is no criminal

                   antecedent against the petitioner and the petitioner has been

                   implicated in this case due to dirty village politics. It has further

                   been submitted by the petitioner that he is neither owner of any

                   wines or the no incriminating articles has been recovered from the
            Patna High Court CR. MISC. No.38169 of 2026(2) dt.19-06-2026
                                                        2/2




                      conscious possession of the petitioner. It has also been submitted

                      that seizure list of witnesses are not independent.

                                    5. Learned A.P.P. for the State opposes the prayer for bail

                      of the petitioner.

                                    6. Considering the aforesaid facts and circumstances of

                      the case, the petitioner, above named, is directed to be released on

                      bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Court of Special Judge, Exclusive Excise Court No.-I, Sitamarhi, in

                      connection with Majorganj P.S. Case No. 143 of 2026, on the

                      following condition :-

                                    (i) That one of the bailor should be family member of the

                      petitioner.

                                    (ii) That the petitioner will cooperate in the trial and will

                      remain present on all dates personally or should be duly represented

                      through his counsel and whenever required to be physically present

                      by the Court, he should physically appear in Court on that date.

                                    (iii) If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move for

                      cancellation of bail.


                                                                           (Kumar Manish, J)
sanjeev/-
U       T

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