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

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

What the court decided

AI extract

Outcome

Regular bail granted on furnishing a bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Special Judge, Exclusive Excise Court No.-I, Sitamarhi, subject to three stated conditions (family-member bailor; cooperation in trial and presence on all dates; no tampering with evidence or witnesses).

Issue for consideration

Whether the petitioner, implicated in an offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 (recovery of 288 litres of liquor), should be released on regular bail.

Court's answer

Considering the facts and circumstances of the case, the Court directed the petitioner to be released on bail on furnishing a bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Court of Special Judge, Exclusive Excise Court No.-I, Sitamarhi, in connection with Majorganj P.S. Case No. 143 of 2026.

Ratio / Principle

Bail was granted subject to conditions: one bailor to be a family member of the petitioner; the petitioner to cooperate in the trial and remain present on all dates personally or through counsel, appearing physically whenever the Court requires; and liberty to the prosecution to move for cancellation of bail if the petitioner tampers with evidence or witnesses.

Detailed headnote1 paragraphs

Bail — Regular bail granted — Bihar Prohibition and Excise Act, 2016, S. 30(a) — On secret information, 288 litres of liquor recovered from bamboo grove near Bhaluhinya High School; of ten offenders, four arrested, six escaped — Petitioner pleaded innocence, absence of criminal antecedent, implication owing to village politics, non-recovery of wines/incriminating articles from his conscious possession, and non-independence of seizure-list witnesses — State (A.P.P.) opposed bail — Held: considering the facts and circumstances, petitioner directed to be released on bail on bond of Rs.10,000/- with two sureties of like amount each before Special Judge, Exclusive Excise Court No.-I, Sitamarhi (Majorganj P.S. Case No. 143 of 2026), subject to conditions: (i) one bailor a family member; (ii) cooperation in trial and presence on all dates personally or through counsel, physical appearance when required; (iii) liberty to prosecution to move for cancellation of bail upon tampering with evidence or witnesses. (Kumar Manish, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38169 of 2026

Arising Out of PS. Case No.-143 Year-2026 Thana- MAJORGANJ District- Sitamarhi

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Santosh Paswan Son of Jay Mangal Paswan Resident of Village- Dumri Khurd, P.S.- Majorganj, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Dwij Raj For the Opposite Party/s : Mr.Kanhiya Kishor

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

CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER

2 19-06-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

Petitioner seeks regular bail in a case registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution story, on secret information there was recovery of 288 litres of liquor from bamboo grove near Bhaluhinya High School. Out of ten offenders, four arrested, six escaped.

It has been submitted on behalf of the petitioner that the petitioner is innocent and he has falsely been implicated in this case. It has further been submitted that there is no criminal antecedent against the petitioner and the petitioner has been implicated in this case due to dirty village politics. It has further

been submitted by the petitioner that he is neither owner of any wines or the no incriminating articles has been recovered from the

Patna High Court CR. MISC. No.38169 of 2026(2) dt.19-06-2026 2/2

conscious possession of the petitioner. It has also been submitted that seizure list of witnesses are not independent.

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

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Special Judge, Exclusive Excise Court No.-I, Sitamarhi, in connection with Majorganj P.S. Case No. 143 of 2026, on the following condition :-

(i) That one of the bailor should be family member of the petitioner.

(ii) That the petitioner will cooperate in the trial and will remain present on all dates personally or should be duly represented through his counsel and whenever required to be physically present by the Court, he should physically appear in Court on that date.

(iii) 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.

(Kumar Manish, J)