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Patna High Court

Dinanath PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court granted bail to the petitioners subject to a bond of Rs. 10,000 and two sureties.

Summary

The petitioners, Dinanath Paswan and Dhiraj Kumar, were arrested in connection with Garhi P.S. Case No. 64 of 2026 for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, involving the recovery of 491.40 litres of foreign liquor. They contended that they were falsely implicated, that no incriminating material was found in their possession, and that they had no involvement in the liquor seizure. The State opposed bail, while the petitioners highlighted the period of custody since 18 April 2026 and the lack of direct evidence against them; one petitioner had prior criminal antecedents, the other did not. The Court, after considering the facts and the length of custody, decided to grant bail, requiring a bond of Rs. 10,000 with two sureties of the same amount. The order was made clear to be prima facie and not to affect the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the absence of incriminating material in the petitioners' possession justifies bail.
  • Whether the period of custody and prior criminal antecedents affect the bail decision.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor
  • custody
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45535 of 2026
                         Arising Out of PS. Case No.-64 Year-2026 Thana- GARHI District- Jamui
                 ======================================================
           1.     Dinanath Paswan S/o Jai Kisun Paswan R/o Village- Saidpur, PS- Salimpur,
                  Dist- Patna
           2.    Dhiraj Kumar S/o Dayanand Chandravanshi R/o vill - Lohra, P.S.- Harnaut,
                 Distt.- Nalanda

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ankita Kumari, Advocate
                 For the Opposite Party/s :       Mr.Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   08-07-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners seek bail in connection with Garhi

                   P.S. Case No. 64 of 2026 registered for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case is that 491.40 litres of foreign

                   liquor was recovered.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have

                   no concern with the alleged recovery of liquor. The petitioners
           Patna High Court CR. MISC. No.45535 of 2026(2) dt.08-07-2026
                                                       2/2




                     are in custody since 18.04.2026. Petitioner No. 1 has two

                     criminal antecedents and Petitioner No. 2 has a clean

                     antecedent.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                                  7.     Let the petitioners be released on bail on

                     furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     the learned court of Exclusive Excise Court-I, Jamui/concerned

                     Court in connection with Garhi P.S. Case No. 64 of 2026.

                                  8. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations

                     shall not be construed as an expression on the merits of the case

                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                      (Ansul, J)
abhishekkr/-

U      T


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