Patna High Court
CR. MISC./56011/2026 of Rohit Paswan Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56011 of 2026 Arising Out of PS. Case No.-37 Year-2026 Thana- RISIYAP District- Aurangabad ====================================================== Rohit Paswan son of Birendra Paswan Resident of Village -Gheura PS- Risiup District -Aurangabad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56011 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- RISIYAP District- Aurangabad ======================================================
Rohit Paswan son of Birendra Paswan Resident of Village -Gheura PS- Risiup District -Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Uma Kant Mishra, Advocate
For the Opposite Party/s :
Mr.Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
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ORAL ORDER
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 Risiyap P.S. Case No. 37 of 2026 registered for the alleged offences under Sections 30(a), 37, 41 of Bihar Prohibition and Excise Act.
03. As per prosecution case, recovery of 18 litres of country made chulai liquor was made from the shop of the petitioner, who escaped when the raid was being conducted. A person, who was in intoxicated condition, told the police that he consumed the liquor after taking the same from the shop of the petitioner.
04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this Patna High Court CR. MISC. No.56011 of 2026(2) dt.19-08-2026
case. The petitioner was not apprehended from the spot. The petitioner was not present at the place of occurrence and he has been dragged in this case on the basis of statement of co- accused although nothing incriminating has been recovered from his conscious possession. The petitioner is having antecedent of nine cases and he is on bail in all the cases. The petitioner is in custody since 24.06.2026.
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 no recovery has been shown from the conscious possession of the petitioner and further considering the period of custody of the petitioner, 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 Exclusive Special Judge, Excise-2, Aurangabad/concerned Court in connection with Risiyap P.S. Case No. 37 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.
Patna High Court CR. MISC. No.56011 of 2026(2) dt.19-08-2026
(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