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Patna High Court

Pappy PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                                  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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