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2026 DAILYLAW 29683 (PAT)

Sujit Paswan v. The State of Bihar

CR. MISC./57740/2026 · 2026-08-19

Arun Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57740 of 2026 Arising Out of PS. Case No.-186 Year-2026 Thana- RAHIKA District- Madhubani ====================================================== Sujit Paswan Son of Chhote Paswan Resident of Village- Pokharsam, ward no. 08, P.S.- Mahadurpur, Dist.- Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bhavesh Kumar Sah, Advocate Mr. Sumit Kumar Singh, Advocate Ms. Archna Anand, Advocate For the Opposite Party/s : Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Rahika P.S. Case No. 186 of 2026 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise Act. 03. As per prosecution case, police received information about transportation of illicit liquor on a four wheeler. Checking of vehicles was started and a suspicious vehicle was intercepted and the petitioner was apprehended driving the vehicle. On search of the vehicle, recovery of 192 litres of Nepali country made liquor was made. Other co- Patna High Court CR. MISC. No.57740 of 2026(2) dt.19-08-2026 2/3 accused persons fled away while the vehicle was intercepted. 04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and nothing incriminating has been recovered from the person or possession of the petitioner. The petitioner was merely a driver of the vehicle from which recovery has been shown but the petitioner was having no knowledge about the liquor being kept in the vehicle and he was just following the order of the owner of the vehicle. Therefore, there is no recovery from the conscious possession of the petitioner. The petitioner has never been involved in such activity. The petitioner is having clean antecedent and he is in custody since 10.07.2026. 05. Learned APP opposes the submission made on behalf of the petitioner. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is said to be driver and also considering the quantity of liquor recovered and further considering the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Patna High Court CR. MISC. No.57740 of 2026(2) dt.19-08-2026 3/3 Exclusive Special Judge, Excise Act, Madhubani/concerned Court in connection with Rahika P.S. Case No. 186 of 2026, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. DKS/- (Arun Kumar Jha, J) U T