Patna High Court
Pappy PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to cash bond, sureties, charitable donation, and regular police attendance.
Summary
The petitioner, Pappy Paswan, was arrested on 28 May 2026 in connection with the recovery of 98 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail, arguing the seriousness of the offence. The Court considered the facts, the petitioner’s custody since arrest, and the conditions proposed, and decided to grant bail subject to a cash bond, two sureties, a charitable donation, and regular police station attendance. The order expressly limited its observations to the bail application and did not prejudice the merits of the trial. The petitioner was directed to comply with the conditions or face cancellation of bail.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act involving recovery of illicit liquor
- Whether the petitioner’s offer to donate Rs. 25,000 without admission of guilt is sufficient to justify bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- charitable donation
- police attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45643 of 2026
Arising Out of PS. Case No.-210 Year-2026 Thana- Excise P.S. District- Darbhanga
======================================================
Pappy Paswan S/o Naresh Paswan Resident of Village - Hichhaul, Ward No.
8, Police Station - Ashok Peper Mill, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the State : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
Sadar P.S. Case No. 210 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, there is recovery of 98
litres of illicit liquor.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. The petitioner is in custody since
28.05.2026.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.45643 of 2026(2) dt.09-07-2026
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organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the petitioner, let the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Court-I, Darbhanga/concerned Court below in
connection with Excise Sadar P.S. Case No. 210 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, Bihar and produce the receipt of the same
before the Court below. The bail bonds of the petitioner shall be
accepted after verifying the genuineness of the receipt produced
by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Ashok Paper Mill Police Station, District- Darbhanga on every
Sunday of the month. Any default in appearance at the police
station will result in cancellation of bail bonds of the petitioner.
Patna High Court CR. MISC. No.45643 of 2026(2) dt.09-07-2026
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10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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