Mahanth Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36082 of 2026 Arising Out of PS. Case No.-80 Year-2026 Thana- PALANWA District- East Champaran ====================================================== Mahanth Paswan Son of Kashi Paswan Resident of village- Sukhi Semra Harizan Basti P.S.- Palanwa District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-06-2026 The Court proceeding is being conducted through virtual mode.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner is apprehending arrest in connection with Palanwa P.S. Case No. 80 of 2026 lodged on 07.04.2026, for the offence punishable under Sections 30(a) & 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

4. As per the prosecution, FIR has been lodged against the sole petitioner. Total recovery of 5 litres of illicit liquor has been made, which is the subject matter of the present case.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and the alleged recovery has been

Patna High Court CR. MISC. No.36082 of 2026(2) dt.01-06-2026 2/2 made from a cattle shed which is an open place and accessible to all. Counsel further submits that the name of the petitioner has transpired in this case only on the basis of disclosure made by local chowkidar. Counsel further submits that the petitioner has one criminal antecedent, but the same is not related to Excise Act.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive Special Excise Court no.2, East Champaran at Motihari, in connection with Palanwa P.S. Case No. 80 of 2026, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023. (Dr. Anshuman, J) Divyansh/- U T