Patna High Court
Jae Paswan @ Jay PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond and two sureties.
Summary
Jae Paswan was arrested in connection with a case under the Bihar Prohibition & Excise Amendment Act, 2022 for allegedly possessing 300 litres of unripe country-made liquor. He contended that he was falsely implicated, that no liquor was recovered from his possession, and that he was not arrested on the spot, citing a clean antecedent. The State opposed his bail application. The Court, after considering the petitioner's submissions and the lack of direct evidence linking him to the seized liquor, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Excise Judge. The bail order effectively secured the petitioner's temporary liberty while the trial proceeds.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition & Excise Amendment Act, 2022 in the absence of direct possession of the alleged contraband.
Legislation cited
- Bihar Prohibition & Excise (Amendment) Act, 2022 — s. 30(a), 32, 41(i)
Subjects
- bail
- prohibition law
- excise
- unlicensed liquor
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43544 of 2026
Arising Out of PS. Case No.-852 Year-2022 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Jae Paswan @ Jay Paswan, Male, aged about 58 years, Son of Late Lakhan
Paswan @ Late Sukhlal Paswan, Resident of Village - Pathaura Bankat, P.S.-
Muffasil, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 30(a), 32 and 41(i) of the
Bihar Prohibition & Excise Amendment Act, 2022.
3. As per allegation in the FIR, total 300 liters of
country made unriped liquor has been recovered.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He next
submits that nothing has been recovered from the conscious
possession of the petitioner nor the petitioner was arrested on
the spot and his name has been figured only on the basis of
Patna High Court CR. MISC. No.43544 of 2026(2) dt.08-07-2026
2/2
disclosure made by local villagers, he has got clean antecedent
as stated in para-3 of the petition and he is in custody since
06.05.2026.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In view of the aforesaid submissions as made by
learned counsel for the petitioner, let the above named petitioner
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 learned Exclusive Special Excise Judge-I, East
Champaran, Motihari in connection with Muffasil P.S. Case No.
852 of 2022.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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