Patna High Court
Dilip PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Dilip Paswan, applied for bail in a criminal case registered under Sections 274 and 275 of the Indian Penal Code and Section 30(a) of the Excise Act, alleging recovery of 130 litres of liquor and 3000 litres of semi‑manufactured jawa‑mahua solution from a joint family house. He contended that he has a clean antecedent, was not arrested at the spot, and that the liquor was not in his conscious possession, as the property is jointly owned. The State opposed the bail. The Court considered the lack of direct possession, the petitioner’s clean record, and the nature of the property, and ordered his release on regular bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail application was allowed.
Issues considered
- Whether bail should be granted to the petitioner charged under IPC Sections 274, 275 and Excise Act Section 30(a).
- Whether the petitioner’s lack of conscious possession and the joint family ownership of the property negate the charge.
- Whether the petitioner’s clean antecedent warrants bail despite the seriousness of the offences.
Legislation cited
- Excise Act — s. 30(a)
- Indian Penal Code — s. 274, 275
Subjects
- bail
- IPC 274
- IPC 275
- Excise Act 30(a)
- liquor seizure
- joint family property
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5758 of 2026
Arising Out of PS. Case No.-426 Year-2024 Thana- LADANIA District- Madhubani
======================================================
Dilip Paswan, S/O Late Dukhi Paswan R/O Vill-Pathrahi Sarsara, P.S-
Ladaniya, Distt.-Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Pallavi
For the Opposite Party/s : Mr.Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 274 and 275 of the I.P.C.
and Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is in custody
since 09.12.2025 and allegation is of recovery of 130 litres of
liquor from house of twelve accused persons including the
petitioner along with 3000 litres of semi-manufactured jawa
mahua solution which was destroyed.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the house in
Patna High Court CR. MISC. No.5758 of 2026(3) dt.16-04-2026
2/2
question is a joint family property and thus, it cannot be alleged
with certainty that it was the petitioner, who had kept the liquor
in the house or the liquor kept in the house was within his
knowledge and he came to be arrested during the course of
investigation and charge-sheet has been submitted.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/successor Court in
connection with Ladaniya P. S. Case No.426 of 2024.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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