Patna High Court
CR. MISC./57890/2026 of Mohan Paswan Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57890 of 2026 Arising Out of PS. Case No.-160 Year-2026 Thana- AMDABAD District- Katihar ====================================================== Mohan Paswan S/o Late Jagdish Paswan Resident of Mohalla - Teengachhiya, P.S - Town, District-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57890 of 2026
Arising Out of PS. Case No.-160 Year-2026 Thana- AMDABAD District- Katihar ======================================================
Mohan Paswan S/o Late Jagdish Paswan Resident of Mohalla - Teengachhiya, P.S - Town, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Bimal Kumar, Advocate
For the Opposite Party/s :
Mr.Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
19-08-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Amdabad P.S. Case No. 160 of 2026, registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, during regular checking of vehicles, driver of one white colour pick-up vehicle tried to run away along with his vehicle but the said vehicle was intercepted and its driver and cleaner were apprehended when recovery of 477.51 litre of foreign liquor was made from a secret compartment of the vehicle.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been Patna High Court CR. MISC. No.57890 of 2026(2) dt.19-08-2026
falsely implicated in this case. The petitioner is said to be the co-driver/cleaner of the vehicle and the driver coaccused Bablu Yadav disclosed that he loaded the liquor at Devipur Bengal and was going to deliver the same to one Sujit. Therefore, from the FIR it is clear that the owner of the contraband is Sujit and this petitioner is only a co-driver and the driver was ordered to hand over the contraband to Sujit. Apart from this, the petitioner has no concern with the said vehicle and the seized liquor. In fact the petitioner was not knowing about the seized liquor and for this reason, there is no recovery from the conscious possession of the petitioner who is having clean antecedent and is in custody since 13.06.2026.
5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the nature of allegation, status of the petitioner and also considering his period of custody and clean antecedent, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 01, Katihar/concerned court, in Patna High Court CR. MISC. No.57890 of 2026(2) dt.19-08-2026
connection with Amdabad P.S. Case No. 160 of 2026, subject to the condition laid down under Section 480(3) of the BNSS and other 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, if so required by the learned trial court.
(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.
anuradha/- (Arun Kumar Jha, J) U T