Patna High Court
CR. MISC./58099/2026 of Shankar Paswan Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58099 of 2026 Arising Out of PS. Case No.-196 Year-2026 Thana- NAYAGAON District- Saran ====================================================== Shankar Paswan Son of Krishna Paswan @ Kissan Paswan Resident of Village- Kasturichak (Kastruri
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58099 of 2026
Arising Out of PS. Case No.-196 Year-2026 Thana- NAYAGAON District- Saran ======================================================
Shankar Paswan Son of Krishna Paswan @ Kissan Paswan Resident of Village- Kasturichak (Kastruri Chak), P.S.- Naya Gaon, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s :
Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioner and learned A.P.P. on behalf of the State.
2. This application is filed for grant of regular bail to the petitioner who has been made accused in connection with Naya Gaon P.S. Case No. 196 of 2026, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 (as amended up-to-date).
3. As per the prosecution case, there is a recovery of 10 liters of country-made liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that he is innocent and has committed no offence and has been falsely implicated in this case. No recovery of liquor has been made either from the petitioner’s possession or from his house or premises. It is further submitted that the alleged place of Patna High Court CR. MISC. No.58099 of 2026(2) dt.19-08-2026
recovery of liquor is near the door of petitioner’s house which is an open place and accordingly for alleged recovery of liquor, the petitioner cannot be held liable.
5. It is submitted that the name of the petitioner surfaced in the present case on the basis of disclosure made by the co-villagers who were present at the spot when the raid was conducted and the petitioner was not apprehended at the spot. It is further submitted that the petitioner has been implicated in the present case due to dirty village politics and election rivalry arising out of Gram Panchayat election whereas the petitioner is having no concern at all with the alleged seized liquor.
6. It is further submitted that there is no independent witness of the alleged seizure list and the witnesses of the seizure list are police officials which is a clear violation of the mandatory provisions of Section 103 of the B.N.S.S.
7. Learned counsel for the petitioner submits that the petitioner is in judicial custody since 16.07.2026 and is having one criminal antecedent in which he has been granted bail.
8. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.
9. Considering the aforesaid facts and circumstances of the case, the period of custody and also taking into Patna High Court CR. MISC. No.58099 of 2026(2) dt.19-08-2026
consideration the materials available on record, the petitioner, above named, is directed to be enlarged 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 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Naya Gaon P.S. Case No. 196 of 2026 on the following conditions:-
(i) That one of the bailors 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.
Ritwika/- (Kumar Manish, J) U T