Created by Fuzzy Cloud

Patna High Court

Jae Paswan @ Jay PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.