Santosh Kumar Paswan @ Santosh Kumar Paspan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6603 of 2026 Arising Out of PS. Case No.-1 Year-2026 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Santosh Kumar Paswan @ Santosh Kumar Paspan S/o Rajendra Paswan R/o Vill- Ghanshyampur, P.S - Ghanshyampur, District - Darbhanga, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Anant Kumar 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Ghanshyampur P.S. Case No. 01 of 2026, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act and Section 25(1-b)a, 35 of the Arms Act.
3. The prosecution case, in short, is that total 1096.38 liters liquor and one country made pistol were recovered from the house of co-accused.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The alleged
Patna High Court CR. MISC. No.6603 of 2026(2) dt.02-02-2026 2/2 recovery of liquor and country made pistol has been made from the house of co-accused Ajit Kumar Kamti. The petitioner was not present at the place of occurrence. The name of the petitioner has been disclosed by the local Chowkidar. The petitioner is in custody since 02.01.2026 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ghanshyampur P.S. Case No. 01 of 2026.
(Rudra Prakash Mishra, J) manish/- U T