Dharmendra Paswan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Dharmendra Paswan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Excise Court No. 2, East Champaran at Motihari, in connection with Trial No. 147 of 2026 arising out of Excise P.S. Case No. 2957 of 2025, subject to five stated conditions (trial cooperation/representation; blood-relation bailor; bailor affidavit regarding future similar-nature involvement; no tampering with evidence or witnesses; appearance before local S.H.O. within two weeks of release and fortnightly attendance till framing of charge).

Issue for consideration

Whether the petitioner, arraigned in connection with Trial No. 147 of 2026 arising out of Excise P.S. Case No. 2957 of 2025 for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, should be released on bail.

Court's answer

Having considered the facts and circumstances and the submissions of counsel, the court ordered release of the petitioner 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 Special Excise Court No. 2, East Champaran at Motihari, in connection with Trial No. 147 of 2026.

Ratio / Principle

Release made subject to the petitioner cooperating in the trial and being properly represented on each and every date fixed by the court; on his absence on two consecutive dates without sufficient reason, the court below shall cancel his bail bond.

Key takeaways

Condition that one of the bailors must be the petitioner's own blood relation (preferably father, mother, brother, sister and/or wife).ratio¶23
Condition that the bailor shall state on affidavit a duty to inform the court concerned if the petitioner is made accused in any other case of similar nature after release, whereafter the court below may initiate cancellation of bail on ground of misuse.ratio¶24
Condition that, if the petitioner tampers with the evidence or the witnesses, the prosecution will be at liberty to move for cancellation of bail.

Detailed headnote1 paragraphs

Bail granted (oral order, Khatim Reza, J., 16-04-2026) in Crl. Misc. No.24942 of 2026, Patna High Court, in favour of Dharmendra Paswan in connection with Trial No. 147 of 2026 arising out of Excise P.S. Case No. 2957 of 2025 (dated 31.12.2025, East Champaran), registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation: recovery of 200 litres country made liquor from a Tempo (Regn. No. BR05PB-8904); a person arrested on the spot claiming to be the driver disclosed the petitioner's name; petitioner not arrested on the spot; in custody since 06.02.2026; five criminal cases against him; charge-sheet submitted. Bail ordered on bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Excise Court No. 2, East Champaran at Motihari, subject to conditions: (i) cooperation in trial and representation on every fixed date, with cancellation of bail bond on absence on two consecutive dates without sufficient reason; (ii) one bailor to be a blood relation; (iii) bailor affidavit undertaking to inform the court of any subsequent accusation in a similar-nature case, failing which cancellation may be initiated for misuse; (iv) liberty to prosecution to move for cancellation on tampering with evidence or witnesses; (v) appearance before the local S.H.O. within two weeks of release and fortnightly attendance marking till framing of charge.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24942 of 2026

Arising Out of PS. Case No.-2957 Year-2025 Thana- Excise P.S. District- East Champaran

======================================================

Dharmendra Paswan, Son of Vinod Paswan, R/o village Bariyarpur, P.S.Chhatauni, Dist.- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Dhannjay Kumar II, Adv. For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 16-04-2026

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in connection with Trial No. 147 of 2026 arising out of Excise P.S. Case No. 2957 of 2025 dated 31.12.2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is of recovery of 200 litres country made liquor from a Tempo bearing Registration No. BR05PB-8904. One person was arrested on the spot, claiming to be driver of the said Tempo, who disclosed the name of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in

Patna High Court CR. MISC. No.24942 of 2026(2) dt.16-04-2026 2/3

this case. It is submitted that nothing has been recovered from conscious possession of the petitioner. He has not been arrested on the spot. It is further submitted that the driver of the said Tempo was apprehended on the spot, who disclosed the name of the petitioner. Further, it is submitted that the seized Tempo and illicit liquor does not belong to the petitioner. The petitioner is in custody since 06.02.2026, having five criminal cases against him and charge-sheet has been submitted in the case.

Learned A.P.P for the State opposes the prayer for bail of the petitioner.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner 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 Special Excise Court No. 2, East Champaran at Motihari in connection with Trial No. 147 of 2026 arising out of Excise P.S. Case No. 2957 of 2025, subject to the following conditions:-

Petitioner shall co-operate in the trial and

Patna High Court CR. MISC. No.24942 of 2026(2) dt.16-04-2026 3/3

shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the framing of charge in the trial court.

(Khatim Reza, J)

prabhat/-

U T